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(영문) 광주지방법원 2017.07.06 2016가합50469
대여금
Text

1. Defendant A’s housing redevelopment project partnership, B, C, K, R, S, T, U, and V jointly and severally with the Plaintiff KRW 2,14,967,010.

Reasons

1. Basic facts

A. (1) On September 22, 2006, the Promotion Committee for the Establishment of Housing Redevelopment Project Cooperatives in Zone A (hereinafter “Defendant Promotion Committee”) concluded a construction contract between the Plaintiff and the Plaintiff on September 22, 2006 with respect to the housing redevelopment project in Zone A (hereinafter “instant redevelopment project”).

(2) When entering into the instant construction contract, Defendant B, C, D, E, F, G, H, I, K, L, N, P, Q, Q, R and net AE and AF signed and sealed the instant construction contract as a joint and several surety of the Defendant Promotion Committee.

Ⅰ. A contract for construction work (a provisional contract);

1. Name of the project: A district redevelopment and rearrangement project; and

7. Method of payment of construction cost: It shall be subject to the general conditions and special conditions of the contract for construction work.

Attachment:

1. General terms and conditions of the construction project;

2. The Plaintiff “A” under special terms and conditions of the construction (a) contract and the Defendant Promotion Committee “B”

Ⅱ Article 4(a) of the General Terms and Conditions of the Construction Contract (A) ① “A” and “B” are parties to the Construction Contract, and have their responsibilities and obligations under the relevant Acts and subordinate statutes, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Domination and Improvement of Urban Areas and Dwelling Conditions for Residents”) and perform this Agreement in accordance with the mutual trust principle

(3) “B” shall participate in the project in the capacity of the contractor, and shall not have voting rights at any deliberative organ referred to in “A” and shall be responsible for the execution of construction works only.

Article 9 (Performance Bond and Joint and Several sureties) (2) The term "A" shall have executive officers and promoters of "A" as joint and several sureties in order to guarantee the implementation of this contract.

(3) Where a joint and several sureties of "A" is dead, bankrupt or retired, he/she shall be replaced by another joint and several sureties, and the replaced joint and several sureties shall succeed to the rights and

In such cases, "A" shall immediately obtain confirmation from a joint and several sureties whose fact has been replaced.

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