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(영문) 인천지방법원부천지원 2016.01.22 2014가합8232
구상금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties’ status AH urban environment rearrangement project association (hereinafter “instant association”) is a corporation established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of the urban environment rearrangement project (hereinafter “instant project”) in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City. The Plaintiffs and the Defendants are all partners of the said association.

B. On December 24, 2009, the instant association and the Plaintiff’s joint and several sureties Co., Ltd. entered into a monetary loan agreement with Korea New Co., Ltd. (hereinafter “Korea New Co., Ltd.”) on the construction contract and project promotion expenses (hereinafter “instant contract”). From August 28, 2009 to April 2012, Korea New Co., Ltd. leased KRW 1,791,450,525 (hereinafter “instant loan”) as the project promotion expenses to the instant association. At the time, the Plaintiffs, who were executive officers of the instant association, provided joint and several sureties with respect to the said loan repayment obligation for Korea Co., Ltd. (hereinafter “Korea New Co., Ltd.”).

C. On July 25, 2014, the filing of a lawsuit against the Plaintiffs, etc. and the revocation of the authorization for the establishment of the instant association against the Plaintiff, etc., the Plaintiff, etc. won the lawsuit claiming the return of the said loan under the court 2014Gahap5752. On November 13, 2015, the appeal filed by the Seoul High Court 2015Na2004045 (hereinafter “instant judgment”) was dismissed, and the appeal by the Plaintiffs, etc. was pending in the final appeal.

On the other hand, the association of this case was revoked on August 18, 2014 according to the resolution of dissolution of association members.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Gap's 6 through 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The Plaintiffs asserted.

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