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(영문) 부산지방법원 2017.10.18 2016가합41787
대여금
Text

1. The Plaintiff:

A. Defendant A Housing Redevelopment Project Association, B, C, D, E, F, G, and H are jointly and severally liable for 5,06,89,585 won and expenses.

Reasons

1. Basic facts

A. In order to implement a housing redevelopment improvement project (hereinafter “instant project”) with a project zone located in Nam-gu Busan Metropolitan City T (hereinafter “the project of this case”), the former association establishment promotion committee under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the Act”) was approved on February 5, 2004 by the head of the Nam-gu Busan Metropolitan City (hereinafter “the head of the Nam-gu”) and approved by the head of the Nam-gu Gu on April 4, 2005 to establish the association.

4. On November 1, 198, A Housing Redevelopment and Improvement Project Association (hereinafter “former Partnership”) was established separately from Defendant A Housing Redevelopment and Improvement Project Association.

B. On June 2003, the Plaintiff entered into a contract with the promotion committee and set up a loan 1) to construct apartment houses, etc. on the land provided for the instant project by the association to be established in the future. However, a contract for a construction project with the promotion committee or the association to be established in the future to lend project promotion expenses (hereinafter “first contract”).

Defendant B, C, D, E, F, G, and H jointly and severally guaranteed the obligation of the promotion committee under the above contract, the main contents are as follows: Article 4 (Method of Implementation of Project) of the First Contract (Method of Implementation of Project) 2) of the First Contract , the relocation expenses for the members of the promotion committee or the previous association, and the project promotion expenses for Party A may be leased to Party A and the members of the association. In this case, Party A and Party A shall jointly and severally repay the principal and interest on the relocation expenses and the loan for the project promotion expenses that they borrowed from Party A:

1. Operating expenses of the association;

2. The rent for the office of a cooperative;

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