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(영문) 서울고등법원 2017.10.27 2017나2001149
대여금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant A redevelopment and rearrangement project association, B, C, D, L, M, N,O, and F are dismissed.

2...

Reasons

Basic Facts

The party's establishment promotion committee of the redevelopment project partnership (hereinafter referred to as the "promotion committee of this case") was organized with the aim of establishing a partnership to implement the housing redevelopment project (hereinafter referred to as the "project of this case") which is composed of H and I project implementation district of Jung-gu, Seoul.

On July 2006, the promotion committee of this case decided to select the plaintiff as the contractor of the project of this case at the residents' general meeting.

Article 4 (Method of Executing Projects), such as the conclusion of the instant provisional contract, the establishment of the Defendant association, etc. (2) Relocation expenses for the members A and the promotion of projects may be borrowed from the financial institutions or the members of A, and in this case, the members of A and A shall repay the principal and interest on the loan, such as relocation expenses and interest, etc. borrowed from the financial institutions or the members of A pursuant to the provisions of Articles 39 and 40.

Article 7 (Amount of Contract for Construction Work) (1) The total construction cost to be paid to A shall be an amount calculated by multiplying the total construction area authorized by the project implementation authorization authority by KRW 3,368,000 per square meter of the construction contract amount, and value-added tax shall be separately imposed.

(3) The construction cost under paragraph (1) shall be deemed to be changed the amount of a construction contract after consultation with A and B, if the scale of the construction is changed as based on the scale of the construction according to a new plan for project participation proposal submitted by B to A.

Article 8 (Change of Contract Amount Due to Price Fluctuation) (1) The contract amount referred to in Article 7 shall be adjusted by applying a monthly rate of fluctuation in the national consumer price index to the public notice of the Ministry of Finance and Economy from June 2006 to the date of actual commencement of construction works.

Article 10 (Performance Bond) (1) A shall establish all promoters as joint and several sureties to guarantee the implementation of this Agreement.

(3) A joint and several sureties shall be jointly and severally liable for the obligations arising from a failure to perform the contractual obligations of A.

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