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(영문) 서울서부지방법원 2013.07.11 2012가합30472
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 13,062,782,308 and as a result, from September 5, 2012 to July 11, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the housing construction project, etc., and Defendant A apartment reconstruction association (hereinafter “Defendant A apartment reconstruction association”) is a housing reconstruction project association, the establishment of which was registered with the approval of establishment from the head of the Busan Metropolitan Government North Korea on January 21, 2003, in order to promote the A apartment reconstruction project (hereinafter “instant project”) on the ground of 128,497.85 square meters of land outside Busan Northern-gu G and 10 square meters of land.

Defendant B, C, D, E, and F are all incumbent officers of the Defendant Union.

B. (1) On August 19, 2002, the Defendant Union decided to select the instant construction project as a public tender, and announced a public tender on August 19, 2002. On September 30, 2002, the Plaintiff submitted a project participation proposal (hereinafter “instant project participation proposal”) to the Defendant Union on September 30, 2002, and was selected at the general meeting for the establishment of the Defendant Union’s partnership and the selection of a new project.

(2) On October 8, 2003, the Plaintiff entered into a contract with the Defendant Association for the construction of a reconstruction project (hereinafter “instant provisional contract”) under which the Plaintiff was awarded a contract with the Defendant Association for the reconstruction project, and the main contents thereof are as follows.

Defendant B, C, D, E, and F (hereinafter referred to as “Defendant executives”) agreed at the time that the Plaintiff agreed to be jointly and severally liable with the Defendant Union for the repayment of all obligations arising from the instant project.

[Case A] Article 4 (Method of Implementation of Project) (1) of the instant provisional contract (hereinafter “Defendant Association”) provides the Plaintiff with the land of ten parcels outside the Busan Northern-gu G, which is owned by the Plaintiff and its members, and in return, the newly built apartment and its ancillary and welfare facilities are supplied as substitute.

In such cases, the land to be provided to B shall not interfere with the commencement of construction works of B by securing the ownership of the land and the right to use the land.

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