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(영문) 서울중앙지방법원 2014.12.11 2013가합61454
대여금 등
Text

1. The Plaintiff:

A. The Defendant A District Urban Environment Improvement Association, B, C, D, E, F, G, and H are jointly and severally liable for 493,187,00 won.

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in Gap evidence 1 to 5 (including each number; hereinafter the same shall apply) and Eul evidence 1 to 3, by integrating the whole purport of the pleadings:

On June 7, 2012, the Plaintiff entered into a contract for construction works regarding the urban environment rearrangement project of a zone A (hereinafter referred to as the “instant contract”). Defendant B, C, D, E, E, F, G, H, and network L, as an executive officer of the Defendant Union, was jointly and severally guaranteed the Plaintiff’s obligation under the said contract.

B. The provisions pertaining to this case in the instant contract are as follows.

Article 10 (Guarantee of Contract Performance) (3) A joint and several surety of a defendant's association shall be jointly and severally liable for all the obligations arising out of a failure to perform contract

Article 16 (Project Promotion Expenses) (1) The project promotion expenses under this contract shall be as follows, and the plaintiff shall lend the project promotion expenses to the defendant association in accordance with the terms and conditions of the lending separately set to the defendant association, but the defendant association shall consult with the plaintiff in advance:

1. Business promotion expenses that the plaintiff lends to the defendant association as non-interest - business promotion expenses - cooperative operation expenses, general meeting expenses, amount borne by the association, geological survey expenses, claim purchase expenses, tax service expenses, appraisal fees, appraisal fees, and art decorations;

2. The project promotion cost agreed upon by the Plaintiff and the Defendant Union other than the items of interest-free loans set forth in subparagraph 1 shall be leased at interest.

Article 35 (Cancellation and Termination of Contract) (2) Where it is found that a plaintiff is unable to perform the contract due to a cause falling under any of the following subparagraphs, the defendant union shall notify in writing of the period for performing the contract of 30 days after specifying the period for performing the contract, and where the contract is not performed within the said period,

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