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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 4,541,152,570 won and the period from June 1, 2015 to June 30, 2015.
Reasons
Basic Facts
The following facts are not disputed between the parties, or may be recognized in full view of each entry in Gap evidence 1, 2, 4, 5, 7, and 9 (including additional numbers) and the entire purport of the pleadings:
Defendant A’s status as the parties concerned, Defendant A’s Promotion Committee for the Establishment of Housing Redevelopment and Improvement Project (hereinafter “Defendant’s Promotion Committee”) is an association establishment promotion committee approved by the head of the Seoul Special Metropolitan City on February 4, 2005 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392, Mar. 18, 2005; hereinafter “Urban Improvement Act”), and Defendant B is the chairman of the Defendant’s Promotion Committee, and the Plaintiff is the person selected as the executor of the instant rearrangement project by the Defendant’s Promotion Committee.
On June 30, 2003, the Plaintiff entered into a contract and a monetary loan loan agreement with the Defendant Promotion Committee, and the Housing Redevelopment Project Corporation entered into a contract for the instant rearrangement project (hereinafter “instant construction contract”), and on October 7, 2003, a monetary loan agreement for consumption (hereinafter “instant loan agreement”). Defendant B jointly and severally guaranteed obligations under each of the above contracts with the Defendant Promotion Committee, and the contents relating to each of the above contracts are as follows.
Article 4 (Method of Implementation of Projects) (2) The relocation expenses of members A (Defendant Promotion Committee; hereinafter the same shall apply) and the promotional expenses for projects of A may be borrowed from financial institutions or B (Plaintiff; hereinafter the same shall apply). In this case, members A and B shall repay the principal and interest on loans, such as relocation expenses borrowed from financial institutions or B pursuant to the provisions of Articles 39 and 40, and the principal and interest on the promotional expenses.
Article 10 (Performance Bond for Contract) (1)