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(영문) 서울중앙지방법원 2017.10.13 2016가합527764
대여금 등
Text

1. As to Defendant B’s Housing Redevelopment Project Association’s KRW 166,153,772 and its KRW 10,437,200 among them, the Plaintiff.

Reasons

1. Basic facts

A. Defendant B’s status as the parties (hereinafter “Defendant Partnership”) is the executor of a housing redevelopment project in Nowon-gu in Seoul Special Metropolitan City (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the Plaintiff is the contractor of the instant construction project that entered into a construction contract (a) with the Defendant Union on apartment and ancillary and welfare facilities construction work (hereinafter “instant construction work”) (hereinafter “instant construction work”). The rest Defendants are the joint and several sureties who jointly and severally guaranteed the obligations owed by the Defendant Partnership to the Plaintiff under the instant contract.

B. On June 23, 2009, the Plaintiff and the Defendant Union approved the establishment of a housing redevelopment project association under the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents, and on October 22, 2009, the Plaintiff and the Defendant Union announced a tender for the selection of the work executor as prescribed by the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents. 2) The Defendant Union participated in the tender for the selection of the work executor of the Defendant Union, “U” composed of the Plaintiff, S, and Telecommunications, and “Korea-SaB consortium” composed of Hanyang, and the Defendant Union selected as the work executor consisting of the Plaintiff by holding an extraordinary general meeting on December 6, 2009.

(3) On November 18, 2009, the Plaintiff, S, and T prepared and delivered to the Defendant Cooperative a statement of performance and a statement of performance related to the tender bond with the following contents (hereinafter “instant statement of performance”) to participate in the tender of the developer of the redevelopment project of this case (hereinafter “instant statement of performance”), and “written statement of performance of the bid bond of this case”).

. Details of the instant performance rejection

1. The ear Cooperative has been aware of the bid guidelines accurately, with good faith.

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