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(영문) 서울남부지방법원 2015.12.16 2014가단238359
손해배상 등
Text

1. The Defendant’s KRW 62,797,869 as well as the Plaintiff’s KRW 5% per annum from November 22, 2014 to December 16, 2015.

Reasons

1. Basic facts

A. In order to implement a residential environment improvement project which removes the ground housing and commercial buildings and newly constructs apartment units by using the Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government Group C as the implementation zone of the rearrangement project, the defendant is the head of the association, who is the representative of the DDR established on September 7, 2007 (hereinafter “instant association”) and performed the business of the association as follows. The plaintiff is the member of the association of this case.

The details of the relocation expenses of the association members in the articles of association of the association of this case are as shown in the attached Table 1.

B. On June 2009, the instant association concluded a contract for the construction of new apartment and its ancillary facilities (hereinafter “instant apartment construction project”) to remove existing buildings and build new apartment and its ancillary facilities within the said implementation zone (hereinafter “instant contract”) (hereinafter “this case’s contract”). Among them, the details regarding the relocation expenses of the association members are as shown in the attached Table 2 contract.

C. According to Articles 32 and 12 and 13 of the articles of incorporation of the instant association, in the case of relocation expenses, the non-party company shall lend the same interest to the union members without interest and shall be reimbursed from the union members on the designated date of relocation.

However, even though the non-party company, a contractor, gave to its members the moving expenses necessary for moving at no interest rate, the non-party company and the non-party company, who did not have the funds, borrowed the funds directly from the financial institution, but the interest on the loan was borne by the non-party company until the date on which the occupancy is designated. The plaintiff, a member of the company, borrowed 59 million won from the Korean bank (hereinafter "Korea bank"), as the borrower, for the moving expenses on December 31, 2009, and secured as security, borrowed 59 million won from the Korean bank (hereinafter "Korea bank"), and as regards the previous building in the project implementation district owned by the plaintiff, the maximum debt amount of 708 million won will be

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