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(영문) 서울중앙지방법원 2015.09.02 2014가합58738
대여금 등
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is that the Plaintiff, a joint and several surety of the service contract between the Plaintiff and the Crearranged District Housing Reconstruction Promotion Committee (hereinafter “Promotion Committee”), shall be held liable for guarantee against the Promotion Committee, and the Defendants, a joint and several surety of the service contract, shall be held liable for unjust enrichment of 53,69,000 won in consent form, 60,703,288 won in amount of service payment, and 57,800,000 won in total, 172,172,288 won in loan amount.

On the premise, the Plaintiff entered into a service contract on February 5, 2008, consisting of the purpose of establishing an association to implement the housing reconstruction improvement project for the Seoul Special Metropolitan City D D's D's Seoul Special Metropolitan City residents pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"). On February 14, 2009, the promotion committee approved for the establishment by the head of Gwangjin-gu Seoul Special Metropolitan City head

Article 4 (Good Offices, Procurement, and Repayment of Loans)

1. The Plaintiff directly or through the financial institution designated by the promotion committee, shall arrange and procure the project expenses to the promotion committee.

2. Other business expenses of the promotion committee shall be submitted to the plaintiff a copy of all relevant documentary evidence, a copy of the minutes of the promotion committee (board of directors of the association) signed by the representative of the promotion committee, and a contract for a loan for consumption of money, and the time and method of lending

3. Executives of the promotion committee shall be deemed to consent to the monetary loan contract under paragraph (2) by signing and sealing on this contract, and shall be deemed to guarantee the repayment of project costs jointly with the promotion committee.

Article 4 of the above service contract provides for the joint and several liability of the officers of the promotion committee as follows, and the defendant A and the auditor B, who are the chairperson of the promotion committee, shall sign and seal the joint signature of the improvement project management business entity administrative service contract attached to the end of the contract

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