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(영문) 의정부지방법원 2013.11.27 2013가단4227
손해배상(기)
Text

1. The Plaintiff; Defendant C is KRW 13,190,685; Defendant B and E are 11,150,685 out of the respective amount of the Defendant C and each of them.

Reasons

1. Facts of recognition;

A. Defendant C is the president of the Plaintiff’s entire association, who is the president of F as described below, and Defendant E is the former representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. On November 25, 2008, the A Housing Redevelopment Project Establishment Promotion Committee (hereinafter referred to as the “F”) entered into a contract with the Defendant Company for the business of housing redevelopment and improvement project (hereinafter referred to as the “first business service contract”) with the following contents:

Article 2 (General Provisions) F (A) entrusts Defendant Company (B) with performance of duties, such as vicarious execution of duties, etc. concerning authorization to establish an association based on A’s housing redevelopment and improvement project, and B shall cooperate with each other so as to ensure that the project is normally implemented by fulfilling the responsibilities and obligations to perform in good faith so as not to impede the implementation of the housing redevelopment and rearrangement project

Article 4 (Vicarious Execution of Business) The duties of housing redevelopment and improvement project contracted by A to B shall be performed on behalf of the committee for the operation of the committee for the redevelopment and improvement project, and all matters necessary for the redevelopment and improvement project pursuant to the regulations related to the Do Government Act

Article 6 (Payment Method of Service Fees)

1. The timing and rate of payment of the above service costs shall be determined by entering into a contract for construction works after the selection of the contractor for a housing redevelopment project and by borrowing them from the contractor within 15 days;

2. The consideration for the maintenance and improvement project services that A pays to B shall be paid in cash at the request of B within 15 days according to the timing and ratio of payment of service costs by phase prescribed in Article 6 (1).

Article 8 (Amount and Terms of Loans)

1. To lend operating expenses of the promotion committee within budgetary limits approved by the residents' general meeting;

2. The repayment period and repayment delay liability shall be within 15 days from the date of conclusion of the contract after the selection of the contractor for a housing redevelopment improvement project, and the repayment method shall be the cash redemption method at the place designated by B (or at the account of a financial institution).

In addition, the principal and interest on the loan made by Party A within the repayment period.

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