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(영문) 서울중앙지방법원 2018.03.16 2015가단5272362

구상금

Text

1. The Plaintiff:

A. As to KRW 206,186,142 and KRW 205,589,982 among them, Defendant A shall be from January 10, 2015 to August 6, 2015.

Reasons

1. Basic facts

A. (i) The progress of H Housing Reconstruction Project Association (hereinafter “Defendant Association”) was completed on June 19, 2003 by obtaining authorization for the establishment (the first name is “Bitunreging Housing Association”) from the head of Seongdong-gu Seoul Metropolitan Government under the former Housing Construction Promotion Act (amended by Act No. 6916 of May 29, 2003), obtained approval for the housing construction project under the above Act on June 28, 2003, and completed the registration of establishment under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on July 30, 203. The housing reconstruction project was implemented as a project implementer under the approval for the said housing construction project under the Seongdong-gu Seoul Metropolitan Government Special Metropolitan City I large 2,922 square meters of ground as the Seoul project implementer under the approval for the housing construction project.

around May 201, the Defendant Association (hereinafter “Defendant C”) selected Defendant C Co., Ltd. as the contractor and concluded a contract for construction work with Defendant C regarding the new apartment construction work. At that time, the Defendant Association and the Defendant C determined as the shares of the Defendant C to be sold to the association members and can dispose of the shares of the association members at their own discretion, thereby appropriating them as project cost and construction cost, etc., and the Defendant Union agreed to provide the Defendant C with a sales contract signed with the seal affixed by the Defendant Association.

On February 24, 2012, Defendant C entered into a contract with Defendant A to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) to KRW 450,00,000, using the sales contract signed with the seal affixed by Defendant C in accordance with the agreement.

B. As to the Plaintiff’s credit guarantee agreement and the K Bank’s loan (i.e., loan of KRW 200,000,000, which is part of the intermediate payment out of the sales price pursuant to the above sales contract between Defendant A and the Defendant K Co., Ltd. (hereinafter “K Bank”), the Plaintiff borrowed from the Defendant K Co., Ltd. (hereinafter “K Bank”), as to the above loan of KRW 200,000,00.