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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company established for the purpose of real estate sale and lease and sales.
G market reconstruction and rearrangement project partnership (hereinafter referred to as the “instant partnership”) is a corporation established on January 10, 200 to promote the improvement project, such as reconstruction of the G market in the Yangcheon-gu Seoul Metropolitan Government H H group (hereinafter referred to as the “instant reconstruction project”), and the following B.
At the time of the formation of the instant contract, Defendant B was the president of the instant association, and the rest of the Defendants were directors of the instant association.
B. On January 18, 2008, the Plaintiff and the instant cooperative drafted a monetary lending contract for KRW 420,000,000 as follows (hereinafter “instant contract”). On the same day, the Plaintiff paid KRW 420,000,000 to the instant cooperative.
The borrower: The borrower of this case borrowed the loan of the amount of KRW 420,000 (420,000) to the borrower, and the borrower borrowed it.
Article 2 (Interest) The interest on the above loan shall be null and void.
Article 3 (Period of Payment and Method of Payment) The borrower shall pay all of the borrowed principal until the date of sale of the reconstruction project of this case.
[Reasons for Recognition] The whole purport of the pleading
2. The parties' assertion
A. On January 18, 2008, the Plaintiff prepared the instant contract with the instant union and lent KRW 420,000,000 on the same day. The instant union asserted that the money paid to the union on January 18, 2008 is not the money responsible for the union and did not pay it.
Therefore, the Defendants, even though they did not pass a resolution at the general meeting of the instant association or at the board of directors, deceiving the Plaintiff as if they were followed such procedures, had the Plaintiff lent KRW 420,000 to the instant association. As such, the Defendants are obliged to pay the Plaintiff KRW 420,000,000 as compensation for damages incurred by the Defendants’ tort in accordance with Article 35 of the Civil Act.
B. The Defendants.