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(영문) 서울서부지방법원 2017.11.23 2016가합38214
손해배상 등 청구의 소
Text

1. The Defendant amounting to KRW 91,947,672 to the Plaintiff and KRW 5% per annum from December 22, 2016 to November 23, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a housing redevelopment and consolidation project association established under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785 of Dec. 21, 2007) to promote a housing redevelopment project in Seodaemun-gu Seoul Metropolitan Government, and the defendant is a person who was in the plaintiff's position as the president of the association.

B. Article 36 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8125 of Dec. 28, 2006) provides that "A project implementer shall make the owner of a house removed by the implementation of a residential environment improvement project and a housing redevelopment project to temporarily reside in the facilities, such as rental housing, located in the relevant improvement zone, or take measures corresponding to temporary expropriation such as arranging housing loans." Article 35 (2) of the Plaintiff’s articles of association (hereinafter “the articles of association of this case”) provides that “A union may directly enter into an agreement with a financial institution or arrange the association members who wish to provide moving expenses so that they may enter into an agreement with the financial institution, and Article 16 (1) of the construction contract concluded by the Plaintiff union and the contractor for the modern industrial development of the Corporation around 206. The interest on the basic moving expenses shall be paid directly by the relevant association in accordance with the loan agreement of the financial institution, and the additional interest shall be paid directly by the association at a rate lower than the rate of five percent (5%).

C. Around 2006, the Defendant lent the Plaintiff’s additional moving expenses without receiving interest from the Plaintiff’s union members as indicated below.

(hereinafter referred to as "D, etc."), name of the person who lends the additional moving expenses.

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