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(영문) 서울북부지방법원 2015.10.14 2014가합24642
중재판정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Under the Special Act on the Development of Traditional Markets and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), Plaintiff A (hereinafter “Plaintiff A”) is a reconstruction association established for the purpose of promoting the reconstruction project (hereinafter “the reconstruction project of this case”). The Defendant is a construction contractor that entered into a construction contract with Plaintiff B, Plaintiff C, Plaintiff D, Plaintiff E, and Plaintiff F (hereinafter “Plaintiff executives”) under each joint and several guarantee of Plaintiff B, Plaintiff C, Plaintiff D, Plaintiff E, and Plaintiff F (hereinafter “Plaintiffs”).

B. On June 27, 2008, on the instant project site provided by the Plaintiff Union, the Plaintiff Union and the Defendant newly constructed the main complex building and ancillary facilities (hereinafter “H”) with construction cost of KRW 16,641,480,00 (excluding value added tax) and construction period of KRW 24 months from the date on which actual commencement is possible after approval for commencement of construction works, and entered into a joint project implementation agreement with the Plaintiff Union to use the share method appropriated from the purchase price for the members and the sale price for the general sale price.

(hereinafter referred to as “the primary project implementation contract”). (c)

When the commencement of the instant reconstruction project was delayed, on February 17, 2009, the Plaintiff Union and the Defendant entered into a construction contract with the same construction cost as the first project execution contract under the premise that the Defendant is not a joint project executor, which was set forth in 27 months from the date of commencement of the construction (hereinafter “the second construction contract”), and on April 6, 201, the Plaintiff’s executive officers entered into a contract for the change of the construction period, method of payment of construction cost, etc. under their respective joint and several sureties and the third change contract; hereinafter “the third change contract”).

(A) The main contents of this Agreement are as follows. This Agreement shall include the Plaintiff’s Union (hereinafter referred to as “A”).

) the Defendant and the Defendant (hereinafter referred to as “B”).

It is necessary to supplement and modify the contents of the construction contract and the special terms and conditions of the construction contract concluded on February 17, 2009.

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