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(영문) 부산지방법원동부지원 2015.09.04 2014가합4230
대여금
Text

1. From February 24, 2015, Defendant A District Housing Redevelopment and Improvement Project Association KRW 5,290,595,567 to the Plaintiff.

Reasons

1. Basic facts

A. (1) Defendant A’s status as a party (hereinafter “Defendant A’s association”) is a member of the Defendant Union for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) where the project is located in the area of the Busan Suwon-gu I (hereinafter “instant project”). On June 9, 2007, Defendant B, C, D, E, F, G, and H (hereinafter “Defendant H, etc.”) is a cooperative established with authorization from the head of the Si/Gun/Gu on June 29, 2007 after the inaugural general meeting was held on June 9, 2007.

(2) The Plaintiff is a company that has been selected as the contractor of the instant project by the Housing Redevelopment and Improvement Project Promotion Committee established in A, a general company of the Defendant Union (hereinafter “instant promotion committee”).

B. On August 12, 2006, the promotion committee of this case entered into a construction contract and a cash loan contract (1) with the Plaintiff on April 16, 2007, after it decided to select the Plaintiff as the executor of the instant project (hereinafter “instant resolution”). Defendant H et al. jointly and severally guaranteed the instant promotion committee’s obligation under the instant construction contract with the Plaintiff on April 16, 2007. The instant construction contract includes the contents related to cash loan.

(a)A contract for construction work;

1. Name of the project: Busan District Redevelopment and rearrangement project; and

2. Location of the business: Lending the funds specified in Article 2 of the Special Conditions of Contract (A) of the Construction Contract which actually requires the implementation of the business (a) by the Plaintiff, at the request of the Promotion Committee of this case and the Plaintiff, after consultation with the Promotion Committee of this case.

② The instant promotion committee shall apply the actual interest rate on the date of repayment of lending financial institutions determined in consultation with the Plaintiff, such as business promotion expenses other than interest-free items.

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