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(영문) 서울중앙지방법원 2016.09.01 2015가합571740
사업추진비 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,755,679,381 as well as the interest rate from November 21, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the Housing Reconstruction and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which completed the registration of incorporation on September 19, 201 with the authorization for the establishment of a housing reconstruction project from the Ansan City Mayor on September 9, 201 to implement the housing reconstruction project in the 1007 House-dong, Ansan-si.

B. On December 2013, the Plaintiff entered into a construction contract with the Defendants (hereinafter “instant construction contract”) and the main contents are as follows.

Article 4 (Method of Implementation of Projects) (1) The Plaintiff provides the Defendants with the land necessary for the main project of the Dong-dong 1007, Ansan-si, which is owned by the Plaintiff and the Plaintiff’s members, and redeems the construction amount and the loans borrowed from financial institutions or the Defendants. The Defendants shall construct the construction facilities in accordance with the design documents approved by the head of local government in the project site provided by the Plaintiff and the construction facilities

② The Plaintiff and the Plaintiff’s partner’s moving expenses, etc. may borrow funds from the financial institution or the Defendants. In such cases, the Plaintiff and the Plaintiff’s partner shall repay the principal and interest on the loan, such as the business promotion expenses, interest, overdue interest, etc. borrowed from the financial institution or the Defendants pursuant to the provisions of Articles 39 and 40.

Article 14 (Lending of Business Promotion Expenses) (1) The business promotion expenses borne by the Plaintiff (hereinafter referred to as “business promotion expenses”) are as follows, and the Defendants may cooperate with the Plaintiff by arranging a financial institution so that the Plaintiff can be procured, or the Defendants may lend the funds to the Plaintiff in accordance with the terms and conditions of the lending separately prescribed by the Plaintiff:

1. Operating expenses of the association;

2. Goods used by the association as office and equipment;

3. Expenses for investment in the cooperative;

4. Various impact assessment expenses (traffic, prior disasters, etc.).

5. Design expenses;

6. Supervision fees;

7. Administrative service charges;

8. Appraisal expenses;

9. Geological survey expenses 10. Land survey expenses; 11. Land survey expenses for the association office; 12. Land sale registration expenses for the general public;

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