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(영문) 서울중앙지방법원 2019.05.30 2018가합542415
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,520,471,714 and KRW 1,000,000 among them, starting from April 1, 2017.

Reasons

Basic Facts

The Plaintiff of the parties is a company established for the purpose of civil engineering and building business, etc., and Defendant B District Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”) is an association that has obtained authorization to establish an association under the provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of Seongdong-gu Seoul Metropolitan Government on September 8, 2004 by setting the total area of 24,885 square meters as the project implementation district of Seongdong-gu Seoul

Defendant C is the president of the Defendant Union, and Defendant D is the director of the Defendant Union.

On July 14, 2006, the Plaintiff entered into a contract for the Defendant Cooperative and Seongdong-gu Seoul Housing Redevelopment Improvement Project (hereinafter “instant project”) (hereinafter “instant contract”). The instant contract included an agreement with the Plaintiff to lend the project cost, etc. necessary for the Defendant Cooperative’s implementation of the instant project (hereinafter “instant loan agreement”).

The contents relating to this case in the above contract are as follows:

The part of Articles 14(3)1 and 38(3) shall be stated only in the part where it is possible to confirm because the contents of the statement are unclear.

The plaintiff (hereinafter referred to as "B") as the contractor of the housing redevelopment project in the zone B zone B under Article 8 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the contract for the housing redevelopment project in the zone B (hereinafter referred to as "A") shall enter into a gold contract following the contract for the housing redevelopment project in January 2002.

Article 9 (Contract Performance Guarantee) (1) In order to guarantee the performance of a contract, A and B shall establish the executives of A as joint and several sureties, and B shall submit a construction guarantee prescribed by the Urban Improvement Act, such as a performance guarantee insurance policy, etc. issued by an insurer prior to the commencement report, to A, and the amount guaranteed for the guarantee shall be 40% of the contract amount for construction.

(2) A.

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