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(영문) 서울고등법원 2017.05.18 2016나2062161
대여금
Text

1. Of the judgment of the court of first instance, the part of the judgment on the comprehensive construction of so-called defendant Han-sa Co., Ltd. shall be modified as follows.

Reasons

1. Basic facts

A. On June 14, 2003, in order to promote a housing reconstruction project in Gangdong-gu Seoul Metropolitan Government, the Defendant Union obtained authorization from the head of Gangdong-gu Office for establishment with 20 members of the association, and entered into a construction contract with the Defendant Company on the said reconstruction project (hereinafter “instant construction contract”) around October 2006.

B. In addition to the above reconstruction project of the Defendant Union, the Defendant Company was in charge of executing the reconstruction project promoted by the C-building Association, D-Housing Reconstruction Association, and E-Housing Reconstruction Association.

C. The Plaintiff is a creditor who lent funds to each of the above reconstruction projects.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 10, 13, 16, 17 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 4-1, and the purport of the whole pleadings

2. Requests for loans to the defendant company;

A. On November 7, 2008, 30, 200. 10, 200. 30, 200. 1, 200, 300, 200 on January 19, 200, 200, 30. 19, 200, 30. 1, 200, 200, 30. 9, 200, 200, 30. 9, 200, 200, 30. 9, 200, 200, 30. 9, 30, 200, 200, 200, 30. 1, 200, 200, 200, 300, 20, 300, 300, 300, 200, 300, 209.

[Reasons for Recognition] The entry of Gap evidence No. 7 and the purport of the whole argument

B. According to the above facts finding as to the cause of the claim, the defendant company up to September 30, 2009 based on each of the loan certificates in this case to the plaintiff.

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