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(영문) 대전지방법원 2015.09.09 2014가합2444
대여금등반환
Text

1. The Defendant A District Housing Redevelopment Project Promotion Committee, B, C, D, E, F, G, H, and I, jointly and severally,

A. The plaintiff.

Reasons

Basic Facts

The Defendant A District Housing Redevelopment and Improvement Project Promotion Committee (hereinafter referred to as the “Defendant Promotion Committee”) is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on August 16, 2006 (hereinafter referred to as the “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Do Government Act”), which was approved by the head of the Gu of Daejeon Metropolitan City, for the purpose of establishing the association to implement the Housing Redevelopment and Improvement Project (hereinafter referred to as the “instant Improvement Project”) with the area of project district of 105,224 square meters in the Jung-gu Daejeon

On August 23, 2006, the Defendant Promotion Committee held a general meeting of resident on August 23, 2006 and passed a resolution to select the Plaintiff Hyundai Industrial Development, Plaintiff Han Han New Co., Ltd. (hereinafter “Plaintiff Han New Co., Ltd”) as a joint implementer while the owners of land, etc. in the said project implementation district are present.

On January 9, 2007, the Plaintiffs entered into a provisional contract for construction works (hereinafter “instant construction works contract”) with Defendant Promotion Committee on the following terms and conditions regarding the instant rearrangement projects:

Defendant B, C, D, E, F, G, H, I, network L (hereinafter “Defendant B”) signed and sealed the instant construction work in the capacity of a joint and several surety that guarantees the performance of the above contractual obligations of the Defendant Promotion Committee at the time the instant construction work was concluded.

Article 4 (Methods of Implementing Projects) (2) Relocation expenses for the owners of land, etc. of Gap (Defendant Promotion Committee; hereinafter the same shall apply) and project promotion expenses may be leased by Eul (Plaintiffs; hereinafter the same shall apply) to the owners of land, etc. of Gap and Eul, and in such cases, the owners of Gap and Gap's land, etc. shall repay the principal and interest on loans, such as relocation expenses borrowed from Eul pursuant to Articles 39 and 40 and the principal and interest on project promotion expenses (hereinafter referred to as "interest and interest").

- In order to secure the performance of contractual obligations under Section 10 (Contract Guarantee) A with Section 10 (Contract Performance Guarantee) A, A shall be an officer of the Party A and an officer of the Party A.

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