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1. The Plaintiff:
A. Defendant Economic F&C Co., Ltd.: (a) KRW 92,500,000; and (b) from June 1, 2016.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants, from around 2007 to the Dongjak-gu Seoul Metropolitan Government, have jointly promoted the work related to the work of a regional housing association as an agent in relation to the “B apartment construction project” (hereinafter “B apartment project”) under the tentative name, which is the business of constructing the apartment of 2,300 households in the apartment of 2,300 Dongjak-gu Seoul Metropolitan Government.
B. On June 26, 2014, the Plaintiff and the Defendants concluded a contract with the Committee for Promotion of the Regional Housing Association (hereinafter “Promotion Committee”) that promotes B apartment project, and the Mugunghwa Trust Co., Ltd., a fund management trust company (hereinafter “Glinizing Trust”), on behalf of the Plaintiff and the Defendants regarding the promotion of B apartment project. The role of the Plaintiff and the Defendants is as follows.
Article 4 (Roles of Parties to the Contract) A (Promotion Committee), B (Unified Trust), C (Plaintiff and Defendants) will share the following roles and duties and cooperate with each other for the successful implementation of the Project:
3. Roles and duties of a soldier;
(a) Assistance with the promotion committee for the implementation of the project in this case, such as a purchase contract for the project site, authorization and permission (including modification), construction and operation of model hybrids, recruitment and management of partners, etc., and cooperation with all other affairs;
(b) Joint and several suretiess, if necessary, for obligations against part payments (loans of part payments by financial institutions) among members' contributions;
(c) Other duties prescribed in this contract and all duties necessary for supporting the duties of the promotion committee of the project in this case;
C. On July 3, 2014, the Plaintiff and the Defendants opened a national bank account (C; hereinafter “national bank account”) in joint name to raise and manage expenses incurred in performing their duties under the said contract.
The plaintiff borrowed KRW 200 million from D on the same day, and KRW 50 million from E on the 10th of the same month, respectively, and deposited it into the National Bank account.
On July 3, 2014, the amount of KRW 250 million deposited by the Plaintiff to the national bank account as above is KRW 200 million.