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(영문) 부산지방법원 2015.06.26 2015가합871
구상금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Relevant Plaintiff A Housing Redevelopment and Rearrangement Project Association (hereinafter “Plaintiff Cooperative”) is a corporation established for the purpose of implementing the Housing Redevelopment and Rearrangement Project (hereinafter “instant rearrangement Project”); Plaintiff B is the head of Plaintiff Union; Plaintiff C is the promoters of the promotion committee before Plaintiff Union was established (hereinafter “instant promotion committee”); and Defendant was a member of Plaintiff Union until February 20, 2013.

B. The promotion committee of this case on January 2006, 2006 (hereinafter “Coul global”) is the Plaintiff Association and Plaintiff C. The promotion committee of this case is the Coul global corporation (hereinafter “Coul global”).

(2) Under the aforementioned joint project implementation agreement, Plaintiff C et al. concluded a joint project implementation agreement with respect to the instant rearrangement project and jointly and severally guaranteed the obligation of the instant promotion committee under the said agreement. (3) Under the said joint project implementation agreement, the instant promotion committee was KRW 611,650,000 in total from the Lao Global to March 9, 2007, and the Plaintiff Union was granted KRW 417,932,00 in total from April 10, 2007 to July 6, 2009, respectively. The said joint project implementation agreement was terminated on March 5, 2012.

3) On April 19, 2013, the Kook Global filed a lawsuit against the Plaintiff Union and the Plaintiff, etc. seeking the return of the above loan with the Busan District Court, and sentenced on April 19, 2013 that the Plaintiff Union and the Plaintiff, etc. jointly and severally paid KRW 1,029,582,00, and delay damages therefor (Seoul District Court Decision 2012Da15148 Decided April 19, 2013). The Busan High Court revoked the part against the Plaintiff C in the judgment of the first instance on March 27, 2014, and jointly and severally with the Plaintiff Union and the Plaintiff C paid 1,029,582,650,000 won among the 611,650,000 won and damages for delay from May 25, 2012 to 200% from March 27, 2014 to 30% from March 26, 2014.

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