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(영문) 수원지방법원 2015.11.17 2014가합70729
대여금
Text

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 completed the establishment registration on March 25, 201 with the authorization for the establishment of a housing redevelopment project (hereinafter “instant project”) on March 24, 201, in order to implement the housing redevelopment project (hereinafter “instant project”) on the area of 349-1 large scale 87,612 square meters in Suwon-si, Suwon-si, Suwon-si.

Article 4 (Method of Implementation of Project) ① (referring to the Plaintiff; hereinafter the same shall apply) of the Construction Contract (A) A (referring to the “Plaintiff”; hereinafter the same shall apply) provides B (referring to the “Defendants; hereinafter the same shall apply) with the project site required for the project in the Suwon-dong 349-1, Suwon-dong 349-1, which is owned by the members of A and A, and redeems the payment of the construction cost and the loans borrowed from financial institutions or B, and Eul constructs the construction facilities in accordance with the design documents approved by the head of the local government and the terms of this Contract.

(2) Business promotion expenses, relocation expenses for Gap's members, etc. may be borrowed from financial institutions or Eul, and in such cases, Gap and his members shall repay the principal and interest on the loan, such as the business promotion expenses borrowed from financial institutions or Eul pursuant to the provisions of Articles 39 and 40, and the principal, interest, overdue interest, etc. of the relocation expenses.

Article 14 (Loan of Project Promotion Expenses) (1) The project promotion expenses to be borne by A (hereinafter referred to as "project promotion expenses") are as follows, and Eul may cooperate with A to procure by arranging financial institutions or lend B to A according to the lease terms and conditions separately determined:

(hereinafter referred to as "A") <2> A may directly procure or directly lend the project cost under paragraph (1) required by A through a financial institution within the period under Article 39 (2) pursuant to the following subparagraphs:

1. The project promotion expenses referred to in paragraph (1) 1 through 23 shall be lent at interest-free, and the loan limit shall be 39 billion won, and the procurement expenses, etc. shall be borne by B;

Provided, That if the amount of this contract exceeds the amount, future consultations shall be adjusted.

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