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(영문) 수원지방법원 2019.11.27 2018가합18033
대여금
Text

1. A housing redevelopment and rearrangement project association in Defendant B’s district shall have the Plaintiff KRW 3,131,667,410 and its related amount on March 21, 2014.

Reasons

1. Facts of recognition;

A. Defendant B’s Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Association”) is a housing redevelopment and rearrangement project association whose business area covers I of the Suwon-gu, Suwon-gu, Suwon-si, and obtained authorization for establishment from the Suwon-si on September 29, 2009, and Defendant C, Defendant D, Defendant E, Defendant F, Defendant H, and J were a member of the Defendant Union.

(J) On April 11, 2017, the Defendant G died and Defendant G is one of the successors. (B)

On October 22, 2009, the Defendant Cooperative selected the Plaintiff from the extraordinary general meeting of the Cooperative on October 6, 2009 through the Housing Redevelopment Improvement Project (hereinafter “instant project”), and entered into a contract with the Plaintiff on December 31, 2009 (hereinafter “instant provisional contract”) with the Plaintiff on December 31, 2009, and signed and sealed the Defendant C, Defendant D, Defendant E, Defendant F, Defendant H, Defendant H, and J as a joint guarantor of the Defendant Cooperative.

C. On October 30, 2009, the “tender Guidelines” (No. 4, hereinafter referred to as the “instant Bid Guidelines”) issued by the NAN on the site descriptions on October 30, 2009, included the following matters in relation to bid bonds, and the Plaintiff deposited KRW 3 billion prior to the deadline for bid.

Article 10 (Deposit and Return of Bid Bond) (1) The bidder shall participate in the bidding after depositing the bid bond as follows:

1. Bid bond: Three billion won in total (3,000,000,000 won);

4. A bid bond: A cash deposit of KRW 3 billion (in lieu of a surety insurance policy).

5. Term of deposit: The use of a bid bond under Article 11 (1) prior to the date of the deadline for bidding ( November 19, 2009) (1) The expenses incurred at a general meeting of partners for the selection of a contractor from the partnership shall be borne by the successful bidder selected as the contractor without compensation and may be executed in advance from the bid bond determined by the board of representatives;

(2) The amount of bid bond deposited by a contractor, excluding general meeting expenses, shall be immediately selected as a successful tenderer.

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