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(영문) 서울중앙지방법원 2015.01.16 2014가합522314
대여금
Text

1. Defendant A Housing Reconstruction Project Association, B, C, D, F, G, and H are jointly and severally liable;

A. Plaintiff Samsung C&T Co., Ltd.

Reasons

1. Facts of recognition;

A. On April 21, 2010, Defendant A Housing Reconstruction Project Association (hereinafter referred to as the “Defendant Association”) was established to promote the Seongbuk-gu Seoul Family Reconstruction Project (hereinafter referred to as the “instant project”) and entered into a contract for the housing reconstruction project in Zone A (hereinafter referred to as the “instant contract”) with the Plaintiffs on April 21, 2010, which aims at the instant project, and the main contents are as follows.

Meanwhile, Defendant B, C, D, E, F, G, H, and I (hereinafter “Defendant executives”) as directors of the Defendant Union at the time of the instant contract, jointly and severally guaranteed all of the Defendant Union’s obligations against the Plaintiffs under the instant contract.

Article 4 (Method of Implementing Project) (2) Relocation expenses for the members of A (referring to the defendant association) and business expenses for the members of A (referring to the plaintiff) shall be lent to the members of A and B, and the members of A and the members of A shall repay the principal and interest of the lending, such as relocation expenses borrowed from B pursuant to the provisions of Articles 38 and 39, and the principal and interest of the business expenses.

Article 10 (Construction Guarantee, etc.) (1) In order to guarantee the implementation of this contract, A shall have executive officers of A as joint and several sureties, and B shall submit to A a construction guarantee (the construction guarantee amount shall be 40/100 of the total construction amount as provided for in the Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents).

Provided, That this shall apply to the modification of the relevant laws.

Article 14 (Lending Business Expenses) (1) The business expenses under this contract shall be as follows, and Eul shall lend the lending conditions separately determined to Gap and the business expenses to Gap pursuant to Article 4 (2):

Article 17 (Reimbursement of Loans and Interest Liability) (1) The interest rate for interest business expenses as provided in Article 14(1) shall be 8.5% per annum; hereinafter the same shall apply) Article 33 (Cancellation or Termination of Contracts) (2).

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