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(영문) 대구지방법원포항지원 2017.06.09 2016가합10952
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,091,349,630 as well as 15% per annum from August 9, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that is engaged in civil engineering and construction business. 2) The Promotion Committee for the Establishment of the Seongbuk-dong Housing Redevelopment Project (hereinafter “instant Promotion Committee”) is the Promotion Committee under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established with the approval of the competent authority in order to implement the housing redevelopment improvement project (hereinafter “instant redevelopment project”) in the area of approximately KRW 91,239.00 square meters, which is located in the area of 866-197 and approximately 423 square meters in the north-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do.

3) On March 22, 2010, the Defendant is a housing redevelopment and consolidation project association under the Urban Improvement Act, which had obtained authorization for establishment from the competent authority, and completed the establishment registration on March 31, 2010. (B) The instant promotion committee selected the Plaintiff and Dongbu Construction Co., Ltd. (hereinafter “Nonindicted Company”) from among the construction enterprises participating in the bidding for the selection of the construction works of the instant redevelopment project, as the construction works of the instant redevelopment project, and entered into a construction contract for the said redevelopment project between the Plaintiff and the Nonparty Company on March 9, 2006.

(hereinafter referred to as the “instant construction contract”). Article 14 (Business Expenses) ① The business expenses under this contract are as follows. In principle, “A” (the instant promotion committee) shall raise the following business expenses by direct borrowing from financial institutions. However, in extenuating circumstances, “A” and “B” (the Plaintiff and Nonparty Company) may lend the following business expenses to “A” in accordance with separate rental terms agreed upon between “A” and “B” (the Plaintiff and Nonparty Company).

1. Operating expenses of the association;

2. Design service charges and supervision service charges;

3. Geological survey expenses and survey expenses;

4. The project cost incurred out of 14.1 to 13 is “B” under Article 16 (Lending of Operation Cost of Cooperatives) of the project cost incurred out of 14.1 to 13 is monthly from the date of concluding the provisional contract to the date of approving the establishment of the association.

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