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1. The Defendants shall be jointly and severally liable:
A. Plaintiffs 2,400,000,000 won and 1,688,476,000 won among them to Plaintiff SP Construction Co., Ltd.
Reasons
1. Basic facts
A. The Defendant A District Housing Redevelopment and Improvement Project Association (hereinafter “Defendant A Partnership”)’s name and deposit of bid bond for the implementation of a housing redevelopment project
(1) After obtaining authorization for the establishment of a housing redevelopment project on October 28, 2010, the housing redevelopment rearrangement project (hereinafter “instant project”) is conducted within the housing redevelopment project in Seocheon-gu, Seocheon-gu, Seocheon-gu.
(2) Around December 2010, the Defendant Union publicly announced a bid by means of a selective tendering procedure (hereinafter “instant bidding”) to select the construction project of the instant project (hereinafter “instant bidding”), and the details relevant to the instant bid are as follows, among the tender participation regulations attached to the public tender notice (Article A(3); hereinafter “instant bidding participation regulations”).
Article 8 (Bearing Expenses for Joint Public Relations and Holding General Meetings) (1) The expenses for joint public relations briefing sessions and holding general meetings shall consist of expenses for security and public relations personnel, rent, printing, stenography, video, goods purchase (including equipment and materials), mail fees, meeting expenses, human resources expenses, other expenses for joint public relations briefing sessions and general meetings, including expenses used for the purpose of selecting a construction project.
(2) Expenses incurred in holding a joint public relations briefing session and a general meeting shall be borne by a successful tenderer, but where a successful tenderer is not selected at a general meeting, expenses incurred in holding a joint public relations briefing session and a general meeting shall be used first as a tender bond deposited
(4) No successful bidder shall be liable to bear the costs of joint publicity, presentation, and holding a general meeting in no case.
Article 16 (Deposit of Bid Bond) (1) All participating enterprises participating in a tendering procedure shall submit to each company a written confirmation of payment under Article 3 subparagraph 9 of the same Article at the time of submitting an application for participation in tendering, after depositing KRW 6,00,000,000 in the passbook under the name of the defendant association.
Article 19 (Use of Tender Bond) (1) A successful bidder's bid bond shall be immediately determined, with separate procedures at the operating expenses of the association.