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(영문) 춘천지방법원 2016.08.24 2014가합6077
대여금
Text

1. The remainder of the Defendants except Defendant H and I shall be jointly and severally and severally liable to Plaintiff H and I to the effect of the Plaintiff Co., Ltd. for KRW 123,109,352.

Reasons

1. Basic facts

A. The plaintiffs are companies with the purpose of housing construction project, etc., and the defendant A Apartment Housing Reconstruction Project Association (hereinafter "the defendant association") is the head of the defendant association, with the approval of establishment on April 21, 2008 and the registration of incorporation was completed on April 28, 2008, in order to promote a A Apartment Housing Reconstruction Project (hereinafter "the project in this case") in the area of 71,308 square meters outside J of Chuncheon City and one another.

B. On November 13, 2010, in order to select the instant construction project as an open bid, the Defendant Cooperative announced a public announcement for the selection of the construction project operator in 2010. Accordingly, on November 13, 2010, the Plaintiff’s promotion company submitted a proposal for the project participation to the Defendant Cooperative to select the construction project operator of the instant project. (2) On December 2, 2010, the Plaintiff’s promotion company entered into a contract with the Defendant Cooperative for the construction project to perform the reconstruction project (hereinafter “the instant first provisional contract”) with the Defendant Cooperative by being awarded a contract for the reconstruction project (hereinafter “the instant first provisional contract”), and the main contents are as follows.

Article 4 (Method of Implementation of Projects) (1) A (Defendant Association) securing the ownership of land and right to use land owned by the members of the Plaintiff and the Plaintiff to B (Plaintiff Promotion Company) and the right to use land owned by the members of the Plaintiff and the Plaintiff, and provides land necessary for the project and pay the construction contract amount to B, and the head of the competent local government shall construct the construction facilities in accordance with the design documents approved by the head of the competent local government and the terms

(2) A’s moving expenses and business activities expenses of A shall be directly procured through the financial institution under the payment guarantee of B in consultation with B, and B shall fulfill the obligation as the contractor.

However, it is judged that the direct procurement by Party A is practically difficult.

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