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(영문) 인천지방법원 2017.09.29 2016가합3573
대여금등
Text

1. Defendant B’s Housing Redevelopment Project Cooperatives and Defendant G jointly and severally with the Plaintiff KRW 1,450,804,291.

Reasons

Basic Facts

Defendant B Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Partnership”) is a housing reconstruction and improvement project partnership established for the purpose of implementing the redevelopment project of the Nam-gu Incheon Metropolitan City L (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The remaining Defendants except the Defendant Partnership (hereinafter “Defendants”) are those who are or were the officers of the Defendant Partnership.

On August 28, 2009, the Defendant Union entered into a provisional contract (hereinafter “instant provisional contract”) with the Plaintiff and the Musan Construction Co., Ltd. (hereinafter “Musan Construction”) for the instant project (hereinafter “instant provisional contract”). On the same day, the Defendant executives jointly and severally liable for the redevelopment project of the Defendant Union, and jointly and severally guaranteed the Defendant Union’s obligations under the instant provisional contract (hereinafter “joint and several guarantee agreement”), and the main contents thereof are attached hereto.

1. The same shall apply to entries in the contract form for the redevelopment and rearrangement project of housing in Zone B;

The Defendant Union requested the Plaintiff to lend the operating expenses, service expenses, etc. to the partnership construction in accordance with the instant provisional contract. Accordingly, from August 31, 2009 to February 6, 2012, the Plaintiff paid KRW 1,450,804,291 in total as the operating expenses, etc. to the Defendant Union.

Specific details shall be attached Form

2. The details of loan shall be recorded in the list;

However, the Plaintiff and the Defendant Cooperative failed to pay KRW 602,650,780 of the amount requested by the Defendant Cooperative. Accordingly, the Plaintiff and the Defendant Cooperative urged several times to pay the said amount for the sloping Construction. However, the Plaintiff and the sloping Construction continued to have been paid.

The Defendant Union notified the Plaintiff on September 1, 201, and the instant provisional contract was rescinded due to the nonperformance of such obligation, and the instant provisional contract was automatically rescinded unless the said amount is paid by November 5, 201 again on October 7, 2011.

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