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(영문) 서울중앙지방법원 2016.08.18 2014가합561296

정산금 등 청구의 소

Text

1. The plaintiff's respective lawsuits against the defendant B, C, D, E, F, G, H, J, K, L, M, N,O, P, Q, Q, Q, T, U, M, X, Y, Z and AA.

Reasons

1. Basic facts

A. The Plaintiff is a corporation specialized in the construction business, etc., and the Defendant Cooperative is a housing redevelopment and rearrangement project association which obtained authorization for the establishment from the head of Incheon Metropolitan City (hereinafter referred to as the “head of the Nam-gu”) on March 9, 2009 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter referred to as the “instant rearrangement project”) whose project implementation district covers 14,803 square meters in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. The remaining Defendants are either

B. On August 14, 2009, the Plaintiff entered into a contract with the Defendant Union to implement new construction works for apartment facilities, such as apartment houses, and to lend the project cost to the Defendant Union (hereinafter “instant contract”). On the same day, Defendant AC, AD, AE, AE, AF, AG, AH, AH, AI, AJ, and K (hereinafter “the Defendants of partnership officers”) jointly and severally guaranteed the obligation (including contractual performance and repayment obligations) owed by the Defendant Union to the Plaintiff pursuant to the instant contract.

The main contents relevant to this case in the above contract shall be as follows:

Article 3 (Methods of Implementation of Projects) (2) "A" (Defendant Association) may lend "B" to "A", and in such cases "A" shall reimburse the principal and interest of the loan, such as the principal and interest of the project cost borrowed from "B" (hereinafter referred to as "interest and interest") pursuant to Article 4.

Provided, That in accordance with the consultation between "A" and "B", the promotion expenses for various projects, such as relocation expenses, may be directly procured through financial institutions, etc.

Article 4 (Project Promotion Expenses) (1) “A” shall be subject to the conditions separately determined by “B” or subparagraphs 1 through 18 of the following project promotion expenses from the financial institutions designated by the consultation between “A” and “B”: