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(영문) 서울서부지방법원 2015.06.18 2013가합36095
구상금
Text

1. The Defendants: (a) on September 3, 2013, entered the amount of subrogation in the calculation sheet in the attached sheet to the Plaintiff; and (b) on each of the said amounts.

Reasons

1. Basic facts

A. AH apartment reconstruction and rearrangement project association (hereinafter “instant association”) obtained authorization from the Bupyeong-gu Seoul Special Metropolitan City Mayor on July 13, 2007 for the purpose of implementing a housing reconstruction and rearrangement project for AH apartment located on the fourth parcel of land, including the Han-gu Seoul Special Metropolitan City AI (hereinafter “instant project”).

B. 1) On January 31, 2008, the Plaintiff determined that the construction amount of the instant association and the construction amount is KRW 293,443,00,000 (excluding value-added tax) and the project implementation method is the share ownership method, and the construction contract for the AH apartment reconstruction project (hereinafter “the first construction contract”).

(2) On January 13, 2010, the Plaintiff entered into a contract for partial modification of the first contract for construction work (hereinafter “the first contract for construction work”) with the instant union on the following grounds: (a) on January 13, 201, the Plaintiff changed the project implementation method from equity shares to a contracting system; and (b) changed the construction cost into KRW 292,394,00,000 (excluding value-added tax). (c) On July 8, 2011, the Plaintiff entered into a contract for partial modification of the first contract for construction work (hereinafter “the second contract for construction work”). In short, between the instant union and the instant union on July 8, 2011, the project implementation method maintains the project implementation system as it is, but increases the construction cost to KRW 294,368,00,000 (excluding

C. (1) The Defendants, members of the instant association, concluded a contract for the sale of an apartment to be newly built by the Plaintiff, and received a loan from the Korean bank (hereinafter “Korea bank”) on July 31, 2013, with a view to paying the contribution to the members under the contract for sale and purchase.

2) On July 28, 201, the Plaintiff and the instant association jointly and severally guaranteed the Defendants’ obligations to pay the principal and interest of loans to our banks with our banks on July 28, 201 (hereinafter “instant business agreement”).

The main contents of this case are as follows.

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