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(영문) 서울동부지방법원 2020.06.18 2018가합112503
대여금
Text

1. The Defendant’s KRW 5,629,070,730 as well as 5% per annum from September 2, 2019 to June 18, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company operating a housing construction business, etc., and the Defendant is a housing redevelopment project that sets the Manyang-gu Seoul metropolitan zone as a project implementation district (hereinafter “instant project”).

In order to implement the project, the Housing Redevelopment and Improvement Project (hereinafter “Defendant’s Promotion Committee”) was established on May 19, 2009 with the authorization of establishment from the Ansan market and completed the registration of establishment on May 22, 2009. 2) The Defendant’s overall transfer of B Housing Redevelopment and Development Project Promotion Committee (hereinafter “Defendant’s Promotion Committee”) obtained the approval of establishment from the Ansan market on August 16, 2006 as a non-corporate group established for the purpose of preparing housing redevelopment and improvement projects, such as the Defendant’s establishment.

3) On August 24, 2006, the Defendant Promotion Committee held a general meeting of residents and passed a resolution to select the Plaintiff as a joint project executor. (b) On August 24, 2006, the Plaintiff entering into a construction agreement and a construction contract with the Defendant Promotion Committee (hereinafter “instant construction agreement”) with the Defendant Promotion Committee on August 24, 2006.

A) A contract for construction work on November 1, 2006 (hereinafter “instant provisional contract”)

“A” means the Defendant Promotion Committee, and “B” means the Plaintiff, respectively.

Section B. The parts relating to the instant construction agreement and the provisional contract are as follows.

The instant construction agreement

5. Details of the project - Construction of apartment buildings and ancillary and welfare facilities, etc. on the project implementation plan to be finally approved by the head of the competent local government on the site of the removal/reprocessing construction of existing buildings and the construction of appurtenant and welfare facilities, etc. - Lease of funds necessary for the project, support, operation and bearing of expenses, etc. (loan of

1. Loans extended or raised by Party A or its members to Party A shall be as follows:

(14) Various taxes, public charges and charges imposed on A, and other taxes.

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