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(영문) 대구지방법원서부지원 2019.10.31 2018가합53003

대여금반환청구

Text

1. The Plaintiff:

A. Defendant B Housing Reconstruction Project Association, C, D, and E shall be jointly and severally 98,184,759 won and its corresponding amount.

Reasons

1. Basic facts

A. Defendant B Housing Reconstruction Project Association (hereinafter “Defendant Association”) obtained authorization for establishment for the reconstruction improvement project of the size of 13,685 square meters in the Seo-gu, Daegu-gu around May 2005 (hereinafter “instant project”).

B. On April 2006, the Plaintiff entered into a provisional contract for construction work for the instant business with the Defendant Cooperative (hereinafter “instant contract”). The main contents are as follows. Defendant C, the president of the partnership, Defendant D, E, and the network L, the director of the partnership, jointly and severally guaranteed the Defendant Cooperative’s obligations.

Article 2 (Scope of Construction Works) The scope of construction works to be performed by B (referring to the plaintiff) shall be the scope of construction works, such as apartment houses and appurtenant and welfare facilities, etc. under the project implementation plan which the head of the competent local government has recently approved on the site provided by A (referring to the defendant association

Article 4 (Methods of Implementing Project) (2) A may lend a loan to B, and in such cases, A shall pay B the principal and interest on the loan, such as the principal and interest on the project cost (hereinafter referred to as "principal and interest on the project cost") pursuant to Article 37.

Article 5 (Financial Resources for Projects) (2) B shall construct construction facilities under Article 4 (1), lend project implementation expenses, etc., and perform the following in performing this construction:

Article 9 (Contract Guarantee) (3) A's joint and several sureties shall be jointly and severally liable for the obligations arising from a failure to perform the contractual obligations of A, respectively.

Article 14 (Project Promotion Expenses) (1) A may lend the following project promotion expenses to A, or borrow the same project promotion expenses from a financial institution determined by consultation with A and B:

In such cases, the interest on the project cost shall be borne by the Committee.

1. Removal construction cost, geological survey cost, boundary division survey cost, and appraisal and assessment service cost;

2. Various impact assessment service costs (environmental impact assessment, traffic impact assessment, etc.);