공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is a creditor who has a claim for construction cost against C Reconstruction Association (hereinafter "the reconstruction association of this case"), and the defendant is a member of the above reconstruction association.
On May 29, 2008, the reconstruction association of this case failed to pay the construction cost for the reconstruction apartment to the contractor, etc., and prepared a notarized promissory note amounting to KRW 1.7 billion to the Plaintiff, the representative of the bond group, and set up a collateral to the reconstruction apartment with the maximum debt amount of KRW 1 billion.
As above, the reconstruction association of this case has the obligation to the plaintiff for the construction cost, and the above partnership's obligation has been borne as an act of commercial activity for all members including the defendant, and the defendant is jointly and severally liable with the reconstruction association of this case to pay the above construction cost to the plaintiff pursuant to Article 57 (1) of the Commercial
In addition, the defendant, as a member of the reconstruction association of this case, approved the obligations of the above reconstruction association for the construction cost to the plaintiff.
Therefore, the Plaintiff seeks payment of KRW 100 million out of the construction cost as part of the claim to the Defendant.
2. Determination
A. The main text of Article 10(1) of the Addenda of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “any association which has obtained authorization for the establishment of a cooperative under the previous Act shall be deemed a juristic person established under this Act by registering at the seat of its main office pursuant to Article 18(2) of this Rule” as the title “Transitional Measures for the establishment of a cooperative.” In light of the contents and purport of the above provision, even if the administrative agency issued approval for the establishment of a reconstruction association under the former Housing Construction Promotion Act (wholly amended by Act No. 6916, May 29, 2003; hereinafter “the Housing Promotion Act”), which is a previous Act, even if it was implemented, the Urban Improvement Act was enforced and the relevant reconstruction