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(영문) 수원지방법원안양지원 2019.10.17 2018가합102268

대여금

Text

1. Defendant B’s Housing Redevelopment Project Promotion Committee, and C’s joint and several payment amounting to KRW 823,255,00 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running the construction business, etc., and the Defendant B’s Housing Redevelopment Project Promotion Committee (hereinafter “Defendant Promotion Committee”) is an organization established to carry out the Housing Redevelopment Improvement Project (hereinafter “instant project”) by setting the Nilwon in the Seoul Special Metropolitan City as the business area. The Plaintiff obtained approval from the former Special Metropolitan City Mayor around July 2006.

Defendant C is the chairman of the Defendant Promotion Committee, and Defendant D, E, F, G, J, K, L, M and network H (hereinafter the above Defendants and the network H’s lawsuit acceptance system are the promoters.

B. On August 2006, the Plaintiff and the Defendant Promotion Committee concluded a joint project implementation agreement (hereinafter “instant contract”) with the following contents.

A: Defendant Promotion Committee and Defendant B: Plaintiff 3 (Promotion of Projects, etc.) 1 as a legitimate project proprietor of the project; and Plaintiff 3 (Promotion of Projects, etc.) is the owner of land, etc. of Party A (hereinafter “members”) at a residents’ general meeting duly held by Party A on August 23, 2006.

2) A and B are joint project implementers selected by a majority, and each of which is faithfully implemented in accordance with the project participation proposal attached thereto. 2) A and B are mutually agreed upon after authorization for the establishment of the partnership until the commencement of the construction project.

Provided, That Eul shall obtain ratification at the general meeting after the establishment of the association, and shall faithfully engage in consultation on the terms and conditions of this contract until the commencement of construction works.

Article 4 (Scope of Services, etc.) 1 A’s duties (1) provide land necessary for the improvement project of housing redevelopment in Zone B of YUY-gu NB-si, Seoul, the members of Gap and Eul are owned by Eul.

(2) A shall collect necessary documents, such as written consent for housing redevelopment project, from the association members of A for the purpose of this project, and implement the authorization and permission affairs related to the project implementation authorization and the progress of other projects, which are obtained from the relevant government agencies, under the responsibilities of A.

(3)