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(영문) 춘천지방법원원주지원 2015.08.13 2014가합211
정산금 등
Text

1. The Defendant and the Defendant (Counterclaim Plaintiff) jointly and severally agreed with the Plaintiff as to KRW 58,775,151 and its amount from March 14, 2014 to August 14, 2015.

Reasons

1. Basic facts

A. The rehabilitation company A (the rehabilitation procedure commenced on November 13, 2012 by the Seoul Central District Court 2012 Ma220, and the rehabilitation plan was decided on March 19, 2013; hereinafter “A”) is jointly and severally guaranteed by the defendant D (the president of the defendant association since around May 25, 2012) who was a director of the defendant C Apartment Housing Reconstruction Improvement Project Association (hereinafter “the defendant association”) on September 27, 2006, under the joint and severally guaranteed by the defendant D (the president of the defendant association who had been around May 25, 2012) who was a director of the defendant C Apartment Housing Reconstruction Project Association (hereinafter “the defendant association”), and the defendant association and the defendant association are provided with the 31,961.01 square meters of land, both E and 1,000 square meters from the defendant association and on that ground (hereinafter “the apartment building in

A) The construction contract was concluded with the purport that the Defendant Union will newly construct the new construction and subsidize the project expenses as stipulated in each subparagraph of Article 15(1) below, and that “A shall appropriate the said construction cost and all business expenses from the Defendant Union members for the charges that the said construction cost and all business expenses paid from the Defendant Union members and the proceeds from the sale of general apartment buildings and commercial buildings” (hereinafter “instant contract”).

Article 15 (Support for Business Expenses) (1) (A) shall provide A (Defendant Cooperatives) with the following business expenses without compensation, and shall be appropriated from the cooperative members' contributions and the general sale price, and in cases where additional expenses are incurred due to a meeting of the business expenses specified in each item, B may lend it to A. In such cases, A shall pay B the principal and interest expenses for the loan within the designated date for occupancy after the additional determination of the cooperative members' contributions is made.

The interest rate on loans shall apply on the basis of the general loan interest rate of the relevant loan financial institution.

1. Operational expenses of a cooperative: A and B shall consult with the first payment commencement date of the daily gold (14,000,000 won) within the limit of 40 months in total (14,00,000 won in daily gold) from the first payment commencement date of the cooperative's office rent (4 million won in total).

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