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(영문) 서울고등법원 2017.10.17 2016나2077231
손해배상(기)
Text

1. Of the judgment of the first instance, the part regarding Defendant A Apartment Rebuilding Project Association is modified. A.

Defendant.

Reasons

1. Circumstances leading to the dispute of this case;

A. Defendant A Apartment Rebuilding Project Association (hereinafter “Defendant Association”) is an association established for the reconstruction of A Apartment in two parcels, including Sejong Special Self-Governing City E.

Co-Defendant B of the first instance trial (hereinafter referred to as “B”) is a person who was the president of the Defendant Cooperative, and the co-defendant C of the first instance trial (hereinafter referred to as “C”) is a person who was the manager of the Defendant D Co., Ltd. (hereinafter referred to as “Defendant D”) from January 28, 2008 to October 28, 2010.

B. On March 15, 2006, the Defendant Mutual Aid Association concluded a contract with the F Co., Ltd. (hereinafter “F”) for the 16,270,500,500,000 won of the contract amount and the scheduled completion date of completion of the instant construction works for A apartment reconstruction complex (hereinafter “instant construction”).

On December 20, 2006, the Plaintiff entered into a construction guarantee contract (hereinafter “instant guarantee contract”) with F and the said contract, setting the guarantee amount as KRW 7,186,354,440, and the guarantee period from January 20, 2007 to January 19, 2009, with January 19, 2009.

C. On June 16, 2007, the Defendant Union held an extraordinary general meeting and resolved to add Defendant D to Defendant F as a joint contractor with F and to become a representative of the joint contractors.

On June 22, 2007, the Defendant Union contracted the construction work of this case to F, Defendant D, with the contract price of KRW 16,270,500,000, and the completion date of the construction work on June 2009.

(hereinafter “instant contract”). D.

Around July 2007, the Defendant Cooperative reported the commencement of construction with F and Defendant D to the head of Yeong-do, Chungcheongnam-do, Chungcheongnam-do, and F and Defendant D commenced the instant construction work around July 22, 2007.

F has failed to perform the instant construction work from November 2007 due to business difficulties.

From that time, Defendant D independently performed the instant construction, and Defendant D discontinued the instant construction around September 2009.

Accordingly, on May 31, 2010, the Defendant Union concluded the instant guarantee agreement with the Plaintiff.

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