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(영문) 광주고등법원 2018.06.29 2017나12812
대여금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Conclusion of construction contract 1) The Plaintiff and A District Housing Redevelopment and Improvement Project Association Establishment Promotion Committee (hereinafter “Promotion Committee”).

A) On September 22, 2006, with respect to a housing redevelopment improvement project in Zone A, the construction contract under which the Plaintiff is the contractor (hereinafter “instant construction contract”).

2) 2)

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

1. Name of the project: Housing redevelopment and rearrangement project in Zone A (hereinafter “instant redevelopment project”);

2. Location of business: Gwangju Dong-gu AG whole area.

3. Period: 30 months from the date of reporting on commencement.

4. Area of a project site: 40,257.22 square meters (12,177.81 square meters);

5. Total floor area) 117,591.60 square meters (35,571.30 square meters) : The scale of construction: 117,591 square meters (35,571.30 square meters): The number of households of one story underground / 11-25 apartment houses (total 744 households) and auxiliary facilities 3 households: 24 square-type 54 households/ 33 square-type 523 households/ 43 square-type 167 households;

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

In order to actively promote the instant redevelopment project, the promotion committee and the Plaintiff, who is the executor of the instant redevelopment project, shall enter into an agreement as between the parties, such as the general conditions and special conditions of the attached construction (a) contract, and the instant agreement entered into a modified contract in accordance with the authorization for project implementation determined at the time of the authorization for project implementation and the final contract at

Ⅱ Under the general terms and conditions of the contract for construction work (A) (1) the object of construction work to be executed by the Plaintiff shall be the facilities built in the project implementation plan approved by the head of the competent local government on the site provided by the Plaintiff A, including apartment houses and ancillary and welfare facilities.

Article 4 (Status and Business Principles between Parties) (1) A and B are parties to a contract in accordance with 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 "Urban Improvement Act"), and they are held liable and liable for the successful completion of this project.

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