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(영문) 대전지방법원 2016.12.08 2016가합101864
대여금
Text

1. Defendant F,O, and P jointly and severally with the Plaintiff KRW 450 million and the Plaintiff’s amount of KRW 450 million from February 4, 2014 to August 23, 2016.

Reasons

1. Presumed facts

A. The Committee for Promotion of the Establishment of Housing Redevelopment Project (hereinafter “instant Promotion Committee”) is a promotion committee consisting of a company established for the purpose of carrying out a housing redevelopment project (hereinafter “instant project”) by setting up one of the U members of the Chungcheongnam-gun as a project implementation district, and the Plaintiff is a company established for the purpose of construction business (civil engineering and construction).

B. On February 6, 2006, the Plaintiff entered into a contract with the instant promotion committee to jointly receive contracts for the instant project (hereinafter “instant joint supply and demand agreement”) by stipulating that “The share ratio: 45% (Plaintiff), 45% (forest construction), and 10% (Bonded Construction)” between the Do Management Construction Co., Ltd. (hereinafter “Selim Construction”), and the Switzerland Construction Co., Ltd. (hereinafter “Seice Construction”).

C. On February 24, 2006, the instant promotion committee held a general meeting of residents and passed a resolution to select the Plaintiff, Do Forest Construction, and Y Construction as the contractor of the instant project. On April 7, 2006, the instant promotion committee entered into a construction contract (a) agreement (hereinafter “instant construction contract”) with the Plaintiff, Do Forest Construction, and Y Construction as the contractor of the instant project.

In the above contract, the plaintiff, elim construction, and ice construction will lend the project promotion expenses to the promotion committee of this case, but the final repayment date was determined as the "the expiration date of the occupancy designation period".

Since then, around 2006, the instant promotion committee entered into a monetary loan agreement (hereinafter “instant loan agreement”) that borrows a sum of KRW 1 billion for each equity share under the instant joint supply and demand agreement from the Plaintiff, Do Forest Construction, and Y Construction, and determined the due date as “the time for payment under the instant contract for construction project”.

The remaining Defendants, except Defendant S, jointly and severally guaranteed the obligations under the loan agreement of this case on the Plaintiff, Do Forest Construction, and Construction in view of the view of the instant promotion committee.

E. The Plaintiff is the Plaintiff.

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