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(영문) 서울중앙지방법원 2016.11.18 2015가합548375
대여금
Text

1. Defendant A redevelopment and rearrangement project partnership, B, C, D, E, and F are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 1,826,871,662.

Reasons

The following are examined together with the principal claim and the counterclaim claim.

In fact, the establishment promotion committee of the relevant A&D partnership (hereinafter referred to as the “instant promotion committee”) was organized with the aim of establishing an association to implement the housing redevelopment improvement project (hereinafter referred to as the “instant project”) by having the Jung-gu Seoul Metropolitan Government H and I as the project implementation district, and on August 31, 2010, the Defendant A&D partnership (hereinafter referred to as the “Defendant Partnership”) was established with the authorization of establishment from the head of the Seoul Metropolitan Government pursuant to the Urban and Residential Environment Improvement Act.

The Plaintiff is a company that was selected from the Defendant Partnership as a contractor for the instant project.

Article 4 (Method of Implementation of Projects) (2) Relocation Expenses of Party A and the promotional expenses for Party A’s members may be borrowed from financial institutions or B. In this case, Party A and Party A’s members shall pay the principal and interest on the lending, such as relocation expenses borrowed from financial institutions or B pursuant to Articles 39 and 40, and the principal and interest on the business promotion expenses.

Article 7 (Amount of Contract for Construction Work) (1) The total construction cost to be paid to A shall be an amount calculated by multiplying the total construction area authorized by the project implementation authorization authority by KRW 3,368,000 per square meter of the construction contract amount, and value-added tax shall be separately imposed.

(3) The construction cost under paragraph (1) shall be deemed to be changed the amount of a construction contract after consultation with A and B, if the scale of the construction is changed as based on the scale of the construction according to a new plan for project participation proposal submitted by B to A.

Article 10 (Performance Bond) (1) A shall establish all promoters as joint and several sureties to guarantee the implementation of this Agreement.

(3) A joint and several sureties shall be jointly and severally liable for the debts incurred by A's non-performance of contractual obligations.

Article 15 (Project Promotion Expenses) (1) The project Promotion Expenses under this contract shall be as follows:

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