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(영문) 수원지방법원안산지원 2020.02.13 2018가합7983

대여금

Text

1.(a)

Defendant L shall pay to the Plaintiff KRW 2,969,392,309, and KRW 1,834,316,069 among them, with full payment from October 3, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company running the construction business, etc. 1) Defendant BBB promotion zone housing redevelopment and rearrangement project (hereinafter “Defendant partnership”) is a housing redevelopment and rearrangement project partnership established pursuant to the Urban and Residential Environment Improvement Act for the purpose of implementing the housing redevelopment and rearrangement project (hereinafter “instant project”) in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant project”). Defendant C, D, E, F, G, H, I, J, K, L, M, N, P, P, Q, Q, and Nonparty S was included in the Defendant at the time of filing the lawsuit, but the lawsuit was closed on September 20, 2018.

(hereinafter referred to as “six officers of the Defendant Union”) were officers of the Defendant Union.

B. On June 8, 2012, the Defendant Cooperative selected the Plaintiff as the contractor of the instant project and entered into a construction project contract for housing redevelopment improvement project (a) contract between the Plaintiff and the Defendant Cooperative (hereinafter “instant construction contract”).

At the time, 16 executives of the defendant union were the general secretary, directors, auditors, and representatives of the defendant union, and the name was stated and sealed in the joint and several guarantee seal column of the defendant union.

Of the instant construction contracts, the contents relating to the instant case are as follows.

Article 3 (Methods of Implementing Projects) (2) Relocation expenses for the members of the defendant association and the project promotion expenses of the defendant association may be leased to the members of the defendant association or the financial institution selected by the plaintiff in consultation with the plaintiff association and the defendant association (hereinafter referred to as the "financial institution"). In this case, the defendant association and the members of the defendant association shall reimburse the principal and interest of the loans (hereinafter referred to as the "principal and interest"), such as the project promotion expenses borrowed from the plaintiff or financial institution pursuant to Articles 14

Article 9 (Guarantee of Performance of Contract) (3) Joint and several suretiess of the defendant union shall perform the contractual obligations of the defendant union and perform the obligations arising from non-performance of these contractual obligations.