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(영문) 인천지방법원 2015.05.12 2014가합51844
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 2,204,250,103 won and the period from December 2, 2014 to May 12, 2015.

Reasons

1. Basic facts

A. Defendant A Housing Reconstruction Maintenance and Improvement Project Association (hereinafter “Defendant Association”) was established by the owners of apartment buildings on the land, F, and seven parcels of land outside Bupyeong-gu, Incheon, in order to promote the Housing Reconstruction Project (hereinafter “instant project”). On October 30, 2009, the Plaintiff participated in the instant project as a contractor, and the Plaintiff entered into a construction contract for the reconstruction improvement project (hereinafter “instant contract”) with the purport that the Plaintiff would lend the project cost, etc. necessary for the implementation of the instant project to the Defendant Association. At the time, Defendant B, C, D, and E, who were executives of the Defendant Association, jointly and severally guaranteed the Defendant Association’s performance.

B. The main contents of the instant contract are as follows.

A Article 4 (Method of Implementation of Project) ① The Defendant Union provides the Plaintiff with the land required for the instant project owned by the Defendant Union and the members of the Defendant Union, the land necessary for the instant project, and in return, is supplied with the apartment and its ancillary and welfare facilities newly built in return therefor.

(2) The plaintiff shall provide the defendant association with the newly built apartment and ancillary and welfare facilities on the land provided by the defendant association with the necessary project expenses according to the terms and conditions of the design plan, contract, etc. approved by the head of the competent local government and the construction of the building facilities on the land provided by the defendant association, and the remaining construction facilities (including cash settlement expenses, based on 17 persons subject to cash settlement) shall be sold in general in lots and appropriated from the plaintiff

Article 13 (Relocation of Residents) (1) A resident in a rearrangement project zone shall complete the relocation under the responsibility of the defendant association within three months from the date of the first moving expenses loan.

Article 15 (Lending of Business Expenses) (1) The plaintiff shall lend the following business expenses after the completion of Article 4 (1), and shall do so:

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