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(영문) 수원지방법원 2015.10.16 2014가합69736
손해배상(기)
Text

1. Of the instant lawsuit, the Plaintiff, Inc., Ltd., for reasons that the Defendants did not cooperate in the withdrawal of deposits.

Reasons

1. Basic facts

A. On July 29, 2009, the Plaintiff is a redevelopment association with the purpose of implementing the Housing Redevelopment Improvement Project (hereinafter “the Housing Redevelopment Project”) on the F site in Suwon-gu, Suwon-si, Suwon-si, with the aim of implementing the instant redevelopment project on July 29, 2009, and the Defendants are members or members of the Plaintiff.

B. The Plaintiff opened an account (Account L; hereinafter “instant account”) with the Defendants, G, H, I, J, K, and the National Bank of Korea Co., Ltd. (hereinafter “National Bank”) under the joint name with the Defendants, G, H, I, J, and K for the fair management and execution of the bid bond paid by the contractor during the instant redevelopment project.

(2) As the Plaintiff had the participating companies in the bid for the selection of the contractor pay the bid deposit of KRW 4 billion, the Scco Construction deposited KRW 4 billion in the instant account on October 12, 2009. On October 31, 2009, the Plaintiff decided to hold a general meeting to select the contractor and select Scco construction as the contractor.

[However, this resolution was confirmed to be null and void by the judgment rendered by Suwon District Court on May 20, 2011. The plaintiff appealed, but the Seoul High Court rendered a judgment dismissing the plaintiff's appeal on May 10, 2012 (No. 2011Na4629) and the above judgment became final and conclusive around that time.

(1) The Plaintiff appropriated the bid bond to cover expenses such as general meeting expenses, etc. and entered into a monetary loan agreement on July 23, 2010 with the Switzerland Construction, a contractor, to convert the bid bond into the loan 1,813,714,98 won under the name of loans, such as the maintenance project cost, rearrangement zone designation service cost, design service cost, etc.

(2) The Plaintiff on June 11, 2010.

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