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(영문) 청주지방법원 2021.01.22 2019가단33227
청구이의
Text

1. A notary public, on January 16, 2019, against the Defendant’s Plaintiffs, No. 3, 2019, No. 3.

Reasons

1. Facts of recognition;

A. Plaintiff A’s status as the parties to a housing redevelopment and rearrangement project partnership (hereinafter “Plaintiff Union”) is the redevelopment and rearrangement partnership established to implement a housing redevelopment and rearrangement project under the Urban and Residential Environment Rearrangement Project Act (hereinafter “Urban and Residential Environment Rearrangement Act”) in the Dong-gu Seoul Special Metropolitan City, Cheong-si. Plaintiff B is the head of the Plaintiff Union, and Plaintiff C and D are the directors of the Plaintiff Union around January 2019.

The defendant is a corporation that conducts business such as real estate development, lease, etc.

B. (1) On October 17, 2018, the Plaintiff Union publicly announced a bid for the selection of a priority bidder to conduct a private rental housing project for public support, and on October 26, 2018, the Plaintiff Union announced re-tender.

In the public notice of each bid above, it included the following: “The bidder shall pay KRW 200 million as a bid bond in cash or as a security for performance guarantee” (hereinafter “the project in this case”). (2) The Defendant submitted a security of performance guarantee to guarantee the payment of KRW 200 million as a bid deposit in the participation in the bidding around November 2018. On December 15, 2018, the Plaintiff Union held a general meeting on December 15, 2018 and passed a resolution to select the Defendant as a priority negotiation object.

(c)

1) On January 16, 2019, the Defendant: (a) lent KRW 200 million to the Plaintiff Union (hereinafter “instant loan”); and (b) entered into a monetary consumption loan agreement with the Plaintiff Union to guarantee the Defendant’s obligation owed by the Plaintiff Union (hereinafter “instant contract”); (c) the Plaintiffs, on January 16, 2019, set the payment period of KRW 20 million with the Defendant and the due date of payment; and (d) annual interest rate of KRW 9% with the Defendant on December 31, 2019; and (e) the notary public drafted a debt repayment agreement agreement agreement (a quasi consumption loan) with the Plaintiff Union as 3, F2019.

(d)

The Cheongju Mayor shall make September 11, 2019.

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