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(영문) 수원지방법원안양지원 2014.02.12 2012가단27726
대여금
Text

1. The Defendant: from October 20, 2012, the Plaintiff KRW 31,519,269 to Plaintiff A; KRW 31,519,270 to Plaintiff B; and each of them.

Reasons

1. Facts of recognition;

A. D reconstruction association (hereinafter “Nonindicted Association”) is a reconstruction association established for the purpose of rebuilding apartment on the above two lots of land by the sectional owners of the total of 80 households of the 70 and 10 households of the Manyang-gu E apartment units and the 10 households of the Manyang-gu Mayang-gu Mayang-gu. The plaintiffs and the defendant are members of the non-party association.

B. The plaintiffs filed a lawsuit against the non-party union seeking the return of additional charges (the first instance court: the Suwon District Court 2008Gahap14858, the appellate court 2009Na93598, the appellate court : the Seoul High Court 2009Na93598) on the grounds that there was a defect in the resolution of the general meeting of the non-party union with regard to the payment of additional charges after paying the first contribution to the non-party union. After the lawsuit, "the non-party union was 119,240,050 won with respect to the plaintiff B, and 36,123,000 won with respect to the remaining 83,127,050 won with a rate of 20% per annum from May 1, 2010 to the day of full payment, and the remaining 309,307,709,7000 won with respect to each of the above final judgment from 2009,7008 won.

C. Meanwhile, on the other hand, the Defendant was unable to pay the first contribution and relocation expenses equivalent to KRW 63,038,539 to the Nonparty Cooperative (hereinafter “liability, etc. of this case”). Around August 2010, the Defendant proposed that the Plaintiffs, who became aware of this fact, deposited money equivalent to the Defendant’s obligation, such as the instant contribution, on behalf of the Defendant, to lend KRW 63,038,539 to the Defendant.

In November 2010, the plaintiffs, along with the above proposal received by the defendant and the defendant's son G, found the I attorney-at-law belonging to H of law firm H, and deposit the plaintiffs' obligations on behalf of the defendant, such as the contributions of this case.

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