(영문) 청주지방법원 2016.01.27 2015가합20244

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(영문) 청주지방법원 2016.01.27 2015가합20244

대여금

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1. The Defendant’s KRW 81,00,000 for the Plaintiff and KRW 13% per annum from December 30, 2009 to January 27, 2016.

Reasons

1. Basic facts

A. The Defendant, a project implementation district of Cheongju-si, with a view to promoting land utility and having a pleasant residential environment and urban functions as a result of the maintenance and installation of public facilities in the said project implementation district (hereinafter “instant project”), is an urban development cooperative established for the purpose of implementing a project to promote land utility and to establish a pleasant residential environment and urban functions, and the Plaintiff is a corporation that operates the housing construction business

B. On January 15, 2009, in order to efficiently carry out the instant project promoted by the Defendant, the Defendant concluded with D a “Basic Agreement on the Implementation of Urban Development Project on behalf of the Defendant to select an agent for the implementation of part of the Defendant’s implementation affairs (hereinafter “instant contract”). The main contents of the instant contract are as follows.

The defendant (the president E; hereinafter referred to as the "A") promoting the project in this case, and D (the registered representative or joint representative director of a corporation or a single corporation selected by D; hereinafter referred to as the "B") acting on behalf of the defendant (the representative or joint representative director of the corporation or a single corporation selected by D) shall provide for the following matters in order to ensure the safety of the project and achieve the objectives more smoothly, and shall faithfully perform the project on the basis of mutual understanding and the principle of trust and good faith.

However, if a corporation is established, the "B" of the contract of this case shall be jointly and severally succeeded by the corporation.

Article 6 (Division of Work) A and B shall first share and promote the following main affairs, and each other shall be subdivided and shared later while promoting mutual assistance:

1. Main duties of Gap (Intermediate omission);

2. Main duties of Eul (Intermediate omission);

(d) Article 7 (Raising and Repayment of Project Costs) (3) The Project Costs to be invested shall be mainly surveyed, design, service, supervision, and other costs.

유사 판례

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