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(영문) 서울중앙지방법원 2014.08.21 2013가합550718

대여금 등

Text

1. The Defendant’s KRW 1,99,218,516 for the Plaintiff and 6% per annum from November 9, 2013 to August 21, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and consolidation project association under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444 of Feb. 6, 2009; hereinafter “Urban Improvement Act”) which completed the establishment registration on September 14, 2007 with the approval of the establishment on August 31, 2007 to implement the housing reconstruction project on the land of 287-1 and 88 lots, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant project zone”).

B. On September 30, 2009, the Plaintiff entered into a contract with the Defendant for construction work (hereinafter “instant contract”). The main contents are as follows.

Article 3 (Status and Business Principles between Parties) (1) A (the plaintiff; hereinafter the same shall apply) as the project implementation entity of this project, and B (the defendant's words; hereinafter the same shall apply) as the contractor of this project, shall have the responsibility and duty under relevant Acts and subordinate statutes, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and shall have the contractor and B implement the contract in accordance with

Article 4 (Method of Implementation of Projects) (1) A shall provide Party B with a single project site of 287-1, Gyeyang-gu, Seoyang-gu, Gyeonggi-do, the members of Party A and Party A own, and in return, it shall be supplied with apartment and incidental welfare facilities newly built as substitute.

In such cases, the term "project site to be provided to B" means the land in a state in which Party A has secured the ownership of the land and the right to use the site and has no impediment to the commencement of construction works

(2) B shall construct the building facilities in the project site provided by the head of the competent local government in accordance with the design documents and terms and conditions approved by the head of the competent local government in accordance with paragraph (1), and may directly or indirectly procure the necessary project promotion expenses, etc. by arranging them with the financial institution Gap (including the association members A) and supply the apartment and its appurtenant and welfare facilities newly built on the condition of payment in kind for the project site provided by the Gap to the Gap, and the remaining building facilities