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(영문) 인천지방법원부천지원 2015.10.28 2014가합9082

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a member of the AY Urban Environment Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Project”) for the purpose of implementing an urban environment improvement project (hereinafter “instant rearrangement project”) in the Y-si, Seocheon-si, Seocheon-si, the Plaintiff is a member of the instant association. The Defendants are members of the instant association.

B. On December 24, 2009, the instant union and the Korea New Public Co., Ltd. (hereinafter “Korea New Public Co., Ltd.”) concluded a construction contract for the instant rearrangement project between the instant union and the Korea New Public Co., Ltd. (hereinafter “Korea New Public Co., Ltd.”), and on the same day, the Plaintiff jointly and severally guaranteed the instant association’s executive officers to perform the instant construction contract for the Korea New Public Co., Ltd.

C. The Plaintiff loaned KRW 1,791,450,525 to the instant association pursuant to the instant contract from August 28, 2009 to April 2012.2) Meanwhile, as the instant improvement project was commenced in the vicinity of the instant improvement project site and it was difficult to normally implement the instant improvement project until the completion of the construction, the instant improvement project was suspended. Ultimately, the instant association was revoked by the resolution of dissolution of its members on August 18, 2014.

On July 25, 2014, the new public official filed a lawsuit seeking the return of loan against the instant association and the Plaintiff, etc., which were jointly and severally and severally guaranteed under the instant contract, filed a lawsuit seeking the return of loan 1,791,450,525 won, which was the restoration following the cancellation of the instant contract, with the Incheon District Court Decision 2014Gahap5752.