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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 1, 2009, Y Co., Ltd. (hereinafter “YY”) contracted the construction work of the Eunpyeong-gu Seoul Metropolitan Zit Housing Reconstruction Project Association (hereinafter “instant association”) for KRW 5,400,000 (hereinafter “instant construction work”), and the Plaintiff jointly and severally guaranteed the obligation of Y under the said contract.
On October 1, 2009, a notary public prepared a letter of certification as the law firm New Village No. 4543 as to the instant contract agreement. At the time of the preparation of the said letter of certification, the Plaintiff entrusted the preparation of a letter of certification in the position of “A representative director of Y, the contractor, AA” and “joint guarantor.”
Of the terms of the instant contract, the part relating to the issues of the instant case is as follows.
Article 35 (Transfer of Claims) (1) of the General Conditions of the Contract for Private Construction Works shall not transfer to a third party claims arising under this Agreement except for the purpose of the implementation of this project.
(2) Where Y intends to transfer claims, it shall obtain the written approval of the association of this case with the consent of the guarantee agency (including the joint and several guarantors, if any, of joint and several guarantors) in advance.
B. The Defendants are members of the instant association.
Article 10 of the articles of incorporation of the instant association is stipulated as follows.
Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:
5. Liability to pay maintenance project costs, liquidation money, surcharges, late fees, late fees and losses incurred therefrom (including late interest, delayed contract, delay in dispute between the association members, etc.);
C. Y: (a) while investing various costs, such as structural safety diagnosis costs and design costs, for the instant construction project, the status of the Si construction project is to be transferred to the comprehensive development of a limited liability company and Esphere Esphere (hereinafter “instant development”) on August 22, 2012.