Text
1. The Defendant: (a) KRW 2,445,405,067 for the Plaintiff and KRW 6% per annum from December 23, 2013 to August 28, 2015.
Reasons
1. Basic facts
A. (1) On March 3, 2010, the Plaintiff and the Defendant entered into a provisional contract with regard to construction of apartment and auxiliary and welfare facilities for the housing redevelopment improvement project (hereinafter “instant provisional contract”) after being selected as the contractor for the B Housing redevelopment improvement project in the process of the Bupyeong-si, Nowon-gu, Seoul.
(2) The main contents of the instant provisional contract are as follows.
Article 2 (Method of Implementing Projects) (3) (A) shall lend the business expenses and the relocation expenses for the association members to Gap (Defendant) or the association members, and Gap and the association members of Gap shall repay the principal and interest on the loan, such as the business expenses borrowed from Eul pursuant to Article 15, and the principal and interest on the relocation expenses.
(1) The project expenses under this contract shall be as follows, and Eul shall lend the terms and conditions of the lending separately determined to Gap and the project expenses pursuant to Section 2(3).
(3) The business expenses under Paragraph (1) of Article 12 shall be lent at interest-free, and the business expenses under Paragraph (1) other than the business expenses shall be lent at interest-free by applying the loan interest rate of the lending bank at the time of the loan.
(4) A or A’s members shall pay interest on the interest loan to B from the date of loan to the date of repayment, and where the repayment of the loan (including non-interest loan) is in arrears, the overdue interest calculated by applying the overdue interest rate on the general loan of the lending bank at the time of repayment shall be paid to B.
Article 14 (Lending Expenses for Operation of Cooperative) B shall be lent to A for expenses incurred in operating the cooperative, and the amount of the loan shall be lent at no interest rate of KRW 16.5 million per month until three months after completion.
(1) Article 26 (Cancellation and Termination of Contract) (1) A may cancel or terminate all or part of this Contract if it is not performed within the said time limit after giving written notice by setting the time limit for performing the contract of 14 days if any of the following causes occurs: