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(영문) 서울동부지방법원 2015.09.10 2014가합108599
원상회복등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 262,296,898 and KRW 226,00,000 among them, from October 23, 2014 to September 2015.

Reasons

1. Facts of recognition;

A. Defendant Geum-dong Apartment Apartment Establishment Promotion Committee (hereinafter “Defendant Promotion Committee”) is a non-corporate association composed of two apartments (16 Dong-dong 16 households, 267 households, and hereinafter “instant apartment”) located in Seongdong-dong 3, Seongdong-gu, Seoul.

B. On November 6, 2008, the Defendant Promotion Committee held an inaugural general meeting to establish the instant apartment housing remodeling association, and decided to select the Plaintiff as the contractor at the above inaugural general meeting.

C. On May 27, 2009, the Defendant Promotion Committee entered into a provisional contract with the Plaintiff regarding the instant apartment remodeling project (hereinafter “instant provisional contract”) as follows. On the same day, the remaining Defendants jointly and severally guaranteed the Defendant Promotion Committee’s obligation to the Plaintiff under the instant provisional contract.

The project operator (A): The project operator (a) of the housing remodeling association of the instant apartment (the association before the authorization to establish the association is granted and actually referred to as the Defendant's promotion committee): The contract amount of the Plaintiff's project: the contract amount of the contract on the contract basis: the effect of the instant provisional contract is until the conclusion of this contract.

After approving the establishment of the association, the association succeeds to all the powers and duties of the association A including the instant provisional contract.

Article 4 (Methods of Implementing Projects) (2) A’s project expenses may be leased to A, and in such cases, A shall repay the principal and interest pursuant to Article 15.

Article 7 (Performance Bond) (1) In order to guarantee the performance of a contract, A shall be a joint and several sureties, and B shall submit a performance bond in accordance with the related Acts and subordinate statutes.

(3) The joint and several sureties of the Company A under paragraph (1) shall be jointly and severally liable for the performance of obligations with the Company A under Article 10 (1) that he/she borrows from the Company A for the instant apartment remodeling project.

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