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(영문) 부산지방법원 2015.04.15 2014가합47972
대여금 등 반환
Text

1. Defendant A Housing Redevelopment and Improvement Project Association: (a) KRW 1,671,855,400 for the Plaintiff and its related amount from December 8, 2014 to December 2015.

Reasons

1. Basic facts

A. A Housing Redevelopment Improvement Project Promotion Committee (hereinafter “instant promotion committee”) was organized for the purpose of establishing an association to implement housing redevelopment improvement project (hereinafter “instant project”) by designating the Busan Dong-gu R as a project implementation district. On March 7, 2006, Defendant A Housing Redevelopment and Improvement Project Association (hereinafter “Defendant A”) was established with authorization from the head of Dong-gu Busan Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Defendant Association”).

B. After being selected as the contractor of the instant project on April 22, 2005, the Plaintiff entered into the instant construction contract with the instant promotion committee on May 19, 2005 (hereinafter “the instant construction contract”). Among them, the key contents related to the instant case are as follows:

(A) At the time of the conclusion of the instant construction contract, Defendant B, C, D, E, F, G, H, I, J, K, M, N,O, P, Q (hereinafter “the Defendants”) jointly and severally guaranteed the Plaintiff’s obligations under the instant construction contract.

Article 5 (Method of Implementing Projects)

2. In principle, A shall procure funds necessary for the relocation of its members and business expenses essential for the promotion of projects through financial institutions. In this case, A and its members shall reimburse the principal and interest on loans, such as moving expenses and principal and interest on business expenses (hereinafter “interest on principal and interest”) pursuant to Articles 40 and 41.

Provided, That in cases of business expenses, it may be leased to A after consultation with A, only in extenuating circumstances.

Article 11 (Performance Bond for Contract)

1. In order to guarantee the implementation of this contract, Gap and Eul shall make executive officers and representatives as joint and several sureties, and Eul shall submit to Gap a certificate of performance bond for execution of construction as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; and

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