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(영문) 의정부지방법원고양지원 2019.04.05 2018가합70533

연대보증채무이행청구

Text

1. The Defendants jointly pay to the Plaintiff KRW 800,000,000 and the interest rate thereon from February 22, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of building and engineering work, etc.

(A) The Promotion Committee for Housing Redevelopment Improvement Project (hereinafter referred to as the “Promotion Committee”) is an organization organized for the purpose of establishing the association to implement the Housing Redevelopment Improvement Project (hereinafter referred to as the “instant rearrangement Project”) in the Eth unit of Pakistan, and the F Housing Redevelopment and Improvement Project Cooperatives (the head of the association C; hereinafter referred to as the “instant association”) is the Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “Urban Improvement Act”) which has completed the establishment registration after obtaining authorization to establish the association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) to promote the instant rearrangement project. The Defendants, while serving

B. On June 17, 2005, the Promotion Committee for the Conclusion of the instant provisional contract concluded the “D District Housing Redevelopment Project Contract (A)” with the content that the construction of new apartment units, ancillary facilities, etc. is to be finally authorized by the head of the competent local government on the part of the Plaintiff as “2,93,00 won per contract unit of 3.3 square meters, and 33 months from the date of commencement after the completion of the construction period after the removal of the construction period,” and concluded the “D District Housing Redevelopment Project Contract (A)” with the content that the instant construction project is to be subcontracted to the Promotion Committee (A evidence 1-1). The instant provisional contract includes not only the construction contract but also the content that the Plaintiff lends the project promotion cost, operating expenses, etc. to the Promotion Committee.

The portion of the provisional contract of this case concerning the lending of business promotion expenses, etc. is referred to as the "first lending agreement".

C. On October 30, 2009, the instant association, including the establishment authorization of the instant association and the selection of a contractor, obtained authorization for the establishment of the association from the PPP pursuant to the Urban Improvement Act, and issued a public tender notice for the selection of the contractor by means of an open bid, and on December 3, 2009.