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(영문) 서울중앙지방법원 2018.06.15 2017가합551153
대여금
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendants jointly and severally are KRW 359,142,50, and KRW 346,08,700 among them.

Reasons

1. Basic facts

A. The Plaintiff is a company with housing construction business, etc. as its business purpose.

B. On January 8, 2015, the Plaintiff concluded a construction contract (hereinafter “instant contract”) with the Defendant Union and the “B reconstruction rearrangement project apartment construction works” (hereinafter “instant construction works”) with the construction period “30 months from the date of commencement,” and the construction contract amount “the amount calculated by multiplying the construction cost [excluding value-added tax 1,106,060 won and value-added tax] by the final project implementation authorization details (including drawings, conditions, protocol, etc.)” (hereinafter “instant contract”).

Of the terms and conditions of the construction contract incorporated into the instant contract, the provisions relating to this case are as follows.

Article 10 (Contract Performance Guarantee and Construction Guarantee) (1) A person who has affixed his/her name and seal to this contract as a joint and several sureties shall be liable for the performance of the obligations and all obligations (including rental project costs) relating to this contract and this project.

The term "A" shall also be established as a joint and several sureties of "A", in addition to the persons who affix their seals and seals to this contract as a joint and several sureties (including the executives of "A" newly appointed after the conclusion of this contract).

Article 15 (Lending of Project Promotion Expenses) ① The project promotion expenses under this Agreement are as follows, and “B” shall be leased to “A” pursuant to Article 52(4).

Provided, That where "A" desires, "A" may borrow money directly from a financial institution.

1. Operating expenses of an association with no interest-free working expenses, expenses for general meetings of an association, expenses for registration of a trust, expenses for destruction of a building, rent for the office of an association, and fixtures;

2. Design service cost, maintenance service cost, construction supervision cost, accounting audit service cost, measurement cost, geological survey cost, various impact assessment cost, promotion cost, litigation cost, appraisal cost, surface inspection cost, safety inspection cost, preservation registration cost, various charges for water supply and sewerage, urban gas, and urban gas;

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