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(영문) 인천지방법원 2017.11.24 2017가합52428
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from March 5, 2017 to the date of full payment.

Reasons

Defendant A Apartment Housing Reconstruction Project Association (hereinafter referred to as the “Defendant Association”) is established for the purpose of implementing a housing reconstruction project (hereinafter referred to as the “instant project”) in South-gu Incheon Metropolitan Government G and H land unit, and the remaining Defendants (hereinafter referred to as the “Defendant Association members”) are the members of the Defendant Association.

Around April 2016, the Defendant Cooperative publicly announced a tender for the construction project to execute the instant project, and the Plaintiff was awarded a successful bid for the instant project in the bidding procedure.

On August 19, 2016, the Plaintiff entered into a contract for construction works with the Defendant Union (hereinafter “instant contract”). The Defendant Union members jointly and severally guaranteed all the obligations arising out of the nonperformance of the contract, etc. of the Defendant Union. At the time of the contract, the part relating to the instant contract entered into by the Plaintiff and the Defendants relating to the instant case is as follows.

A contract agreement form: Defendant Cooperatives, and B: Plaintiff (hereinafter the same shall apply in this table) Article 13 (Sharing Work of Party A and Party B) and Party B shall share the following duties for the smooth promotion of the project:

(1) Services A

1. Arrangement of rights to previous land, etc., arrangement of ownership and rights other than ownership (right to collateral security, right of lease, superficies, provisional registration, provisional seizure, seizure, etc.), and legal measures to ensure that such act does not interfere with preservation registration and transfer registration by means of a trust in the name of an association with respect to a partner's share;

2. Affairs concerning approval for use or purchase at the time of occurrence of purchased land or private land;

3. Affairs related to the submission of written statements and adjustment of public records necessary for the approval for the invitation of occupants;

4. Affairs related to collecting members, such as written consent to modify a project plan;

5. Support for securing claims on loans, such as moving expenses to cooperative members, creation expenses of collateral security, and repayment business;

6. Payment of construction costs to B;

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