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(영문) 대구지방법원 2017.07.07 2015가합204780
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 500,000,000 on the Plaintiff and as a result, from August 5, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. (1) In order to remove the above dismissal and implement the housing reconstruction project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the residents of the Sung-gu J shall organize a promotion committee of Defendant B Apartment Housing Reconstruction and Improvement Project Association (hereinafter “Defendant Association”) and obtain approval from the head of Suwon-gu on February 27, 2007.

(2) On December 2, 2012, the said promotion committee held an inaugural general meeting and passed a resolution to establish the Defendant Association, and obtained authorization to establish a reconstruction association from the Sung-gu Office on December 31, 2012.

(3) Around May 28, 2013, K Co., Ltd. (hereinafter “instant authorization disposition”). Around May 28, 2013, it was changed to the name of the present company. The Defendant Co., Ltd. is a contractor awarded a contract for the instant project by the Defendant Association. The remainder of the Defendants except the Defendant Association (hereinafter “the Defendants”), namely, Defendant C (Co.), Defendant E (Co.), Defendant E, Defendant F, Defendant G, Defendant H, Defendant H, and Defendant I (Co., Ltd.) are joint and several suretiess of the Defendant Association under the instant construction contract.

B. (1) The Defendant Union, on February 21, 2013, made a public notice of bid for the selection of the contractor on February 21, 2013, and the site site consultations for the selection of the contractor on the 26th of the same month. At the time, the main contents of the “Rules on Business Participation” in the tender guide prepared by the Defendant Union are as follows.

Article 6 (Deposit for Tender and Lending of Project Costs) (1) Any bidder shall deposit one hundred million won (Won 500,000,000) in cash in the account designated by the project owner before submitting a tender document under Article 4 (1), or shall participate in the tender after being issued an insurance policy corresponding to such amount.

(3) Bid bonds for successful bidders selected at the general meeting of partners shall be converted to part of loans for project costs, and successful bidders shall enter into a contract with project costs including bid bonds at the same time.

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