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(영문) 서울서부지방법원 2018.08.17 2017가합40122
보증채무이행
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest rate thereon from December 20, 2017 to the date of full payment.

Reasons

Facts of recognition

The Plaintiff is a company established for the purpose of contract business, such as civil engineering and construction, and the Defendants are directors of the E Union (hereinafter “instant Union”).

The instant association completed the establishment registration on April 6, 2010 with the approval of the establishment from the head of Seodaemun-gu Seoul Metropolitan Government on March 18, 2010 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”) for the purpose of implementing an urban environment improvement project (hereinafter “instant project”) in the Seodaemun-gu Seoul Metropolitan Government F (13,248 square meters in the site area).

On September 29, 2010, the Plaintiff and the instant cooperative opened a general meeting of the instant cooperative and passed a resolution to select the Plaintiff as the contractor of the instant project. On December 10, 2010, the Plaintiff and the instant cooperative entered into a construction contract with the Plaintiff on the instant project (hereinafter “instant contract”). Upon the instant association’s request, the Plaintiff agreed to lend the instant cooperative the project cost, including the operating cost of the cooperative.

The main contents of the instant contract are Article 15 (Loan of Project Promotion Expenses) (1) of the instant contract. The instant association may, after consultation with the Plaintiff at the time necessary to carry out the project, request the Plaintiff in writing after consulting with the Plaintiff on the actual cost of the project, and the Plaintiff shall lend the following expenses:

However, where the instant association wishes, the instant association may borrow funds directly from financial institutions.

1. Operational expenses of the cooperative (including the operating expenses of the office);

4. Design expenses, supervision expenses, and measurement expenses;

6. Various impact assessment costs and fees 15. Urban planning service costs of 16. Urban planning service costs of 17. Tax accounting service costs of 18. General Assembly costs.

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