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(영문) 수원지방법원 안양지원 2018.02.08 2016가단108227
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts 8: Defendant A’s Housing Redevelopment Project Promotion Committee (hereinafter “Defendant A’s Promotion Committee”) was approved by the Jeonju-si around August 7, 2006 for the purpose of establishing an association in order to implement the Housing Redevelopment Improvement Project (hereinafter “instant project”) with one project district in Jeonju-si as its business area.

Defendant B is the chairman of the Defendant Promotion Committee, and the rest of the Defendants are promoters.

On August 23, 2006, the Defendant Promotion Committee concluded a contract with the Plaintiff and the two industrial development company (hereinafter “instant contract”) on September 2006, after the Plaintiff and the two industrial development company (hereinafter “dusan industrial development”) decided to select the consortium as the contractor of the instant project. The rest of the Defendants jointly and severally guaranteed the Defendant Promotion Committee’s obligation to the Plaintiff under the instant contract. The instant contract includes the contents related to a monetary loan.

After that, around October 2006 between the Plaintiff and the two industry development and the Defendant, a monetary loan agreement was made between the Plaintiff and the Defendant (hereinafter “instant monetary loan agreement”) and Defendant B, C, and Nonparty N signed and sealed as joint and several sureties.

In accordance with the instant monetary loan agreement, the Plaintiff lent a total of KRW 519,928,000 to the Defendant Promotion Committee from October 30, 2006 to February 25, 2008 under the name of partnership operation expenses (hereinafter “instant loan”); and KRW 40,000,000 among them was returned on July 13, 2010.

On the other hand, around March 2009, the Defendant Promotion Committee was dissolved upon the application of the land owners in the instant project zone for dissolution by the supervisory authority.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 1 through 4, 6, purport of whole pleadings

2. Judgment as to the primary claim

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