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(영문) 서울고등법원 2018.12.13 2018나2017318
대여금
Text

1. Of the judgment of the first instance, the part of the judgment against the Defendants, excluding the part of the Defendant’s Intervenor’s motion to intervene.

Reasons

1. Basic facts

A. (1) On January 7, 2015, the Plaintiff was ordered to commence the rehabilitation procedure as Seoul Central District Court 2014 Ma100212, and the rehabilitation procedure was completed on October 27, 2016. (2) The committee for promotion of the P apartment remodeling project (hereinafter “instant promotion committee”) is a non-corporate group established as a member of 144 households of the instant apartment 180 households, among the instant apartment 180 households, in order to promote the remodeling project for the P apartment on the ground 11,831.22 square meters of land outside Seocho-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

B. Around January 2005, the instant promotion committee entered into the instant contract between the instant promotion committee and the Plaintiff and the instant promotion committee, etc.; the instant promotion committee entered into a construction contract for supplying construction facilities according to the instant remodeling project plan; and the “P apartment remodeling project construction contract (A) contract for the instant apartment remodeling project, etc. with the Plaintiff’s terms and conditions, such as a loan contract for consumption to lend business expenses at the request of the promotion committee; the Defendants, as the sectional owners of the instant apartment, affixed their seals on the instant provisional contract as the joint guarantor of the promotion committee (hereinafter “instant contract”).

2) Of the instant contract, the details related to the instant case are as follows: The president of the committee for promotion of P apartment remodeling project: R : Representative of the Eastbu Construction Co., Ltd.: S Article 2 (Status of Party A is the implementer and the contractor, and Party B is the contractor, and Party B is the contractor, and the project is completed in a successful manner in compliance with the relevant laws and regulations, such as the Housing Act.

(2) A shall represent the whole members of A, and the acts of A performed under the contract of this case shall be regarded as acts concerning the rights and obligations of all members.

In addition, the act of Gap is of this case.

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