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(영문) 서울고등법원 2014.06.12 2013나2016198

대여금

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall jointly and severally serve as the Plaintiff KRW 12,301,077,696.

Reasons

1. Basic facts

A. The Plaintiff as the party is a company with the objective of housing construction business and housing site development business, and Defendant A Apartment Reconstruction Association (hereinafter “Defendant Association”) is the Housing Reconstruction Project Association which completed the registration of incorporation on July 30, 2003 with the authorization of establishment from the head of the Busan Metropolitan Government Northern District Office on January 21, 2003 to promote a A Apartment Reconstruction Project (hereinafter “instant project”) on the ground of 128,498.85 square meters of land outside Busan Northern-gu G (hereinafter “instant site”).

Defendant B, C, D, E, and F are all or some of the executives of the Defendant Union.

B. On August 19, 2002, the Defendant Union decided to select the executor of the instant project as a public tender, and announced a public tender on August 19, 2002. On September 30, 2002, the Plaintiff (hereinafter “instant project participation proposal”) to select the Defendant Union as the contractor of the instant project (hereinafter “instant project participation proposal”).

) Following the submission of the EL branch Construction Co., Ltd. (other than the Plaintiff, EL branch Construction Co., Ltd., EL branch Construction Co., Ltd., two industry construction Co., Ltd.

The project proposal was submitted to the defendant association on the same day.

On October 19, 2002, the Plaintiff was selected as the executor of the instant project at the general meeting to establish the Defendant Union’s association and to select the work executor. (2) On October 8, 2003, the Plaintiff entered into a contract with the Defendant Union to execute the instant construction project upon receiving a contract from the Defendant Union (hereinafter “instant provisional contract”). The instant provisional contract was accompanied by the instant project participation proposal and other contract-related documents, in addition to the contract terms and conditions.

The main contents of the terms of the instant provisional contract are as follows.

Article 1 (Purpose) This Agreement is the status, rights, obligations, etc. of A (Defendant Association) and B (Plaintiffs) with respect to the reconstruction project of A apartment located in the area of ten parcels, G in Busan Northern-gu.