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(영문) 부산지방법원 동부지원 2017.02.16 2016가합102855
대여금
Text

1. The Plaintiff:

A. Defendant A District Housing Redevelopment and Improvement Project Association, C, D, E, F, G, I, J, and Q are jointly and severally liable for 1,342,541.

Reasons

1. Basic facts

A. On July 15, 2006, the committee for promotion of the establishment of the Defendant Partnership (hereinafter “instant promotion committee”) selected the Plaintiff as the construction company of the A-area Housing Redevelopment Improvement Project (hereinafter “instant improvement project”) at the residents’ general meeting of owners of lands, etc. in a zone A, which was held on July 15, 2006, and delegated the conclusion of a contract with the Plaintiff on the instant promotion.

B. On March 14, 2008, the Plaintiff agreed to lend the project promotion cost, etc. to the Defendant Association, which will be established in the instant promotion group and the future, at free interest when concluding a contract for a construction project contract with the instant promotion group on the instant improvement project.

(hereinafter “instant loan agreement”). In principle, the loan was repaid by the expiration date of the occupancy designation period, and the contract was agreed to repay the loan without delay when the contract for construction work is rescinded or terminated.

Defendant 3, 4, 5, 7, 9, 10, 17 and R, S, and T have jointly and severally guaranteed the obligations of the promotion of this case under the loan agreement of this case.

C. On December 22, 2008, the Defendant Cooperative obtained authorization for the establishment of the instant rearrangement project on December 22, 2008, and completed the registration of incorporation on January 8, 2009.

On April 6, 2009, the Defendant Mutual Aid Association confirmed that the Plaintiff’s loan under the instant loan agreement was KRW 1,325,541,278 and entered into a monetary loan agreement with the Defendant Mutual Aid Association (hereinafter “instant loan agreement”) to repay the loan in accordance with the said agreement.

Defendant 3, 9, 10, 11, 12, 17 and R jointly and severally guaranteed the obligations of the Defendant Union under the instant loan for consumption.

E. On May 23, 2009, the Defendant Union held a general meeting of partners and passed a resolution to accept the instant lending agreement.

Then, from February 26, 2010 to July 27, 2010, the Plaintiff additionally lent KRW 17,000,000 to the Defendant Union’s union’s operating expenses.

F. The Defendant Cooperative Co., Ltd. on November 30, 2014.

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