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(영문) 춘천지방법원원주지원 2013.10.10 2012가합2701

대여금

Text

1. The Defendants shall be jointly and severally liable:

A. 632,478,634 won to Plaintiff Hyundai Industrial Development Co., Ltd.;

B. The plaintiff.

Reasons

1. Basic facts

A. Defendant A District Housing Redevelopment Improvement Project Promotion Committee (hereinafter “Defendant Promotion Committee”) was established for the Housing Redevelopment Improvement Project (hereinafter “instant rearrangement Project”). On August 20, 2006, the Plaintiff Hyundai Industrial Development Co., Ltd. (hereinafter “Plaintiff Hyundai Industries Development”) and the Coul Global Coul Global Co., Ltd. (hereinafter “Plaintiff Coul Global”) were selected as the commencement works for the said rearrangement Project at the general meeting of residents of the Defendant Promotion Committee.

On November 29, 2006, the Plaintiffs entered into a provisional contract for the construction project with the Defendant Promotion Committee (hereinafter “the instant construction project contract”) and Defendant B, C, D, E, and F, who were executives of the Defendant Promotion Committee, jointly and severally guaranteed the performance of their obligations under the said contract.

B. The contents of the above contract are as follows.

Article 10 (Performance Bond for Contract) (3) Joint and several sureties of the defendant's promotion committee shall be jointly and severally liable with the defendant's promotion committee for the obligations arising from non-performance of contract obligations

Article 15 (Business Expenses) (1) The business expenses under this contract are as follows. The business expenses required before the defendant's promotion committee obtains the authorization for establishment shall be directly lent by the plaintiffs to the defendant promotion committee according to the separate lending terms that the plaintiffs consulted with the defendant promotion committee, and (hereinafter omitted) Article 17 (Lending of Operation Expenses of Association) of the defendant promotion committee shall be extended every month from the date when this contract is concluded to the date before the establishment of the association is completed, and the daily amount of KRW 60 million every month from the date when the establishment of the association is approved to the date when the association is completed, but the period shall not exceed 60 months, and the total amount of the operation expenses of the association to be lent to the person without interest shall not exceed KRW 0 million, and the defendant promotion committee