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(영문) 인천지방법원 2014.04.29 2013가합31324
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,890,978,135 and the Defendant with respect thereto.

Reasons

1. Basic facts

A. Defendant A District Housing Redevelopment and Improvement Project Association (hereinafter “Defendant A”) is an association established to implement a housing redevelopment project (hereinafter “instant redevelopment project”) in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City.

B. Around October 2008, the Defendant Cooperative conducted a bid to select a construction project of the instant redevelopment project, and the Plaintiff was selected as a contractor at the extraordinary general meeting of the Defendant Cooperative through the said bidding process.

Article 15 of the Regulations on the Participation in the Project for the Selection of Contractors granted to participants in the tender, such as the Plaintiff, etc. in the name of the Defendant Cooperative stated that “all expenses related to special general meetings for the selection of a contractor shall be handled by the successful bidder.” The Plaintiff paid KRW 31,198,540 to the Defendant Cooperative on December 31, 2008, pursuant to the above provisions.

C. On December 30, 2008, the Plaintiff and the Defendant Mutual Aid Association concluded a construction contract with the contract amount of KRW 38,724,023,00 (value-added tax separate) regarding the instant redevelopment project (hereinafter “instant construction contract”).

The remaining Defendants, except the Defendant Union, were the directors or auditors of the Defendant Union at the time, and signed and sealed the construction contract of this case as a joint guarantor of the Defendant Union.

The following provisions are applicable to the terms of the construction contract attached to the instant construction contract.

Article 3 (Status of Parties and Business Principles) (3) A (the defendant association, the same shall apply hereinafter) shall consult with B (the plaintiff and the same hereinafter) when it is intended to confirm and modify the business plan, the implementation of the project, etc.

Article 4 (Method of Implementation of Projects) (1) A shall provide land necessary for a housing redevelopment improvement project for Zone A located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, one of the members of Party A and Party A, and pay the construction contract amount, and Party B shall be approved by the head of the local government on the land provided by Party A.

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