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(영문) 수원지방법원 2015.09.04 2014나42827
대여금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay KRW 30,000,000 to the Plaintiff and its related costs from June 20, 2013.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Plaintiff’s promotion committee for the establishment of the Housing Redevelopment and Improvement Project Association (hereinafter “instant promotion committee”) located in Gunpo-si E.

A) A former president of the redevelopment project, and the Defendant is a company engaged in the service business, such as requisition of a written consent related to the redevelopment project (hereinafter “G”).

(2) On January 10, 201, G entered into a service contract (hereinafter “instant service contract”) with the instant promotion committee on the content that the residents’ written consent for the formation of the instant promotion committee would be requisitioned and receive the service cost.

B. 1) On the other hand, the instant promotion committee is a specialized management business company H (hereinafter “H”) with no special property or financial capacity under the condition that it does not have any special property or financial capacity.

(2) However, in the case of G’s service costs, if G calls for the payment of service costs through the instant promotion committee, the amount remitted to the Plaintiff’s account under the name of the Plaintiff was paid by G by means of withdrawing from G.

3) Meanwhile, H deposited money exceeding KRW 200 million into the Plaintiff’s account from January 11, 201 to January 6, 2012. Of the said money, the amount transferred to G as service cost was KRW 25.36 million on January 201, 201, KRW 27 million on February 201, KRW 30,000, and KRW 20 million on March 14, 201, and KRW 1.3 million on March 206, KRW 200,000,000, which is part of the service cost, was claimed on March 22, 2011, deposited on March 25, 201 and deposited on January 18, 201 between G and 10,000 won on May 11, 2011, respectively.

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