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(영문) 서울고등법원 2015.01.29 2014나25377
대여금
Text

1. The part against C in the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff corresponding to the above revoked part shall be against C.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person that operates real estate development project execution, agency business, etc., and the Defendants jointly and severally guaranteed obligations under each monetary loan contract against the Plaintiff by the Committee for Promotion of Housing Redevelopment in Zone I (hereinafter “instant Promotion Committee”).

B. On November 18, 2003, the Dongjak-gu Seoul Metropolitan Government Committee for Promotion of Housing Redevelopment Project and the Plaintiff’s execution of a monetary loan contract. On November 18, 2003, part of the owners of the land, etc. within the said New Venture Zone including Defendant C constituted the instant Provisional Promotion Committee. (2) January 23, 2006, the instant Provisional Promotion Committee for Housing Redevelopment Project (the Chairperson of the instant Committee) is the title “Agreement on Housing Redevelopment Project (Operation Cost Support)” as the title “Agreement between the Plaintiff and the Plaintiff on January 23, 2006 regarding the I Area Housing Redevelopment Project,” which is the following agreement between the Plaintiff, Article 1 (Purpose) of the instant provisional Promotion Committee (hereinafter “A”) and the Plaintiff (hereinafter “B”) for the purpose of facilitating smooth performance of duties in accordance with the agreement on specialized administrative services related to the I Area redevelopment Project and the improvement project, thereby facilitating the redevelopment and improvement project’s responsibility and the purpose.

Article 2 (Status A) A shall promote the promotion of the establishment of the redevelopment and maintenance project association in the area I, perform the non-project of redevelopment and maintenance project until the establishment of the association is authorized, and all agreements entered into with A after transfer to the association shall be succeeded, and the rights and obligations shall also be the same.

B is entrusted by A with specialized management and administrative services for the implementation of the redevelopment project for the I Area redevelopment.

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