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(영문) 서울중앙지방법원 2016.06.17 2015가합550699

구상금

Text

1. The Defendants jointly committed against the Plaintiff for KRW 269,565,526 and KRW 123,132,953 among them, from November 21, 2014, and 146.

Reasons

1. Facts of recognition;

A. On June 19, 2003, Defendant A Housing Reconstruction and Improvement Project Association (hereinafter “Defendant A Association”) is a contractor selected by the Defendant Association after obtaining authorization for establishment (title “A reconstruction association at the time”) from the head of Seongdong-gu Seoul Metropolitan Government pursuant to the former Housing Construction Promotion Act. On June 28, 2003, after obtaining approval for the housing construction project plan under the said Act, the reconstruction and improvement project association was registered pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on July 30, 2003.

B. Agreement between the Defendants on the disposition of general allotment and sales contract 1) The Defendants concluded an apartment on the said land (hereinafter “instant apartment”).

Upon entering into a contract for new construction works, the general allotment remaining after the sale to the members of the association can be determined as the shares of the defendant Sodon Construction and can be disposed of at will and appropriated for the project cost, construction cost, etc., and the defendant association agreed to provide the defendant Sodon Construction with the defendant Sodon Construction with a sales contract with its seal affixed thereon. 2) The defendant Sodon Construction is a general sale portion pursuant to the above agreement, and the defendant Sodon Construction entered into a contract for selling the apartment Nos. 102 (hereinafter "No. 102") at KRW 49,000 and KRW 103 (hereinafter "No. 103 of this case") on December 26, 2011 using a sales contract with the seal affixed to the defendant association, respectively.

C. On January 31, 2012, the Plaintiff and D, and C’s credit guarantee agreement, and loans 1C to the Bank D and C, a stock company: (a) borrowed KRW 200,000,000, which is part of the intermediate payment out of the sales price under subparagraph 102 of the instant case, between the Plaintiff and the Plaintiff on January 31, 2012; and (b) the term of guarantee.