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1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 348,00,000 and the Defendant from September 20, 2016.
Reasons
1. Facts of recognition;
A. The Hanyang Construction Co., Ltd. (hereinafter “ Hanyang Construction”) was selected as a prospective contractor to participate in the construction of a housing redevelopment project B in the Namyang-si, Namyang-si around January 2015.
B. On May 2015, Hanyang Construction entered into a monetary loan agreement (hereinafter “instant loan agreement”) with Defendant B Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”).
Of the terms of the loan for consumption No. 1 of this case, the following are applicable to this case.
Article 1(Definitions) The term “loan” refers to the outstanding balance at that time of the sum of all the amounts borrowed from Hanyang Construction, and the term “the principal and interest on the loan” refers to the sum of the loans and the interest accrued and not paid until that time (including interest accrued at the time).
Article 2 (Loan 1) (1) : 2) The purpose of use is to loan the amount of the loan to be made in excess of the amount of the revolving loan : 917,064,00 d 500 d 606,000 d d 416,458,000 d d d 416,400 d d d 416,458,000 d d d 45.4% d d 45.6% d d 45.4% of the amount of the temporary loan d d d d d 5 (Reimbursement of Loans) loan d d d 10 business days after the execution of the house repayment guarantee account for the amount of the loan d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d l
Provided, That the Hanyang Construction and the defendant's partnership may be extended by up to three months per one time after consultation.
(2) Where the defendant union fails to obtain authorization of a management and disposal plan within the designated period under paragraph (1), the defendant union shall repay the total amount of loans to the Hanyang Construction within ten business days from the expiration date under paragraph (1).
(3) A contract for construction works between the defendant association and the Hanyang association shall be concluded.