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(영문) 서울북부지방법원 2015.11.11 2013가합21981

손해배상(기) 등

Text

1. The Plaintiff:

A. Defendant A Housing Redevelopment Project Association KRW 26,755,250,581 and among them, KRW 18,496,736,875.

Reasons

1. Basic facts

A. Defendant A Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”) is the Housing Redevelopment and Improvement Project Association established on October 24, 2006 and approved project implementation on September 7, 2007 by the head of the competent Gu, for the purpose of removing inferior houses, etc. under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 33,485 square meters in Dongdaemun-gu Seoul Metropolitan Government as the project implementation district, and constructing apartments, etc. on the site.

B. On November 28, 2007, the Plaintiff entered into a construction contract with the Defendant Cooperative and the other Defendants (hereinafter “Defendant executives”) who were executives of the Defendant Cooperative at the time, to newly construct the two underground floors, the 11st unit above ground 15th unit above ground and ancillary facilities (the total floor area of 84,989.69m2, the 611 unit size) on the site of the said project implementation district provided by the Defendant Cooperative (hereinafter “instant contract”). The main contents are as follows.

Article 5 (Method of Implementation of Projects) of the General Conditions for Construction Contract Contract (Method of Implementation of Projects) The Defendant Union shall provide the Plaintiff with the land necessary for the projects owned by the Defendant Union and its members, and pay the amount of the construction contract, and the Plaintiff shall construct the construction facilities in accordance with the design documents and the

In such cases, the land to be provided to the plaintiff refers to the land in a state that does not impede the commencement of the plaintiff's construction by securing the ownership of the land and the right to use site.

Article 10 (Performance Bond and Joint and Several sureties) (1) The plaintiff shall submit a construction guarantee prescribed in Article 51 of the Do Government Act at the time of commencement.

(2) The Defendant Union shall carry out this contract.