(영문) 서울중앙지방법원 2014.11.12 2013가합545723 (1)

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(영문) 서울중앙지방법원 2014.11.12 2013가합545723 (1)

연대채무이행 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.In order to establish the K Station of Basic Facts, the Administrator of the Korean National Railroad (hereinafter referred to as the "A"), nine persons including the defendant (hereinafter referred to as the "B") and the light construction to be in charge of the installation of the facilities of the project (hereinafter referred to as the "sick") shall enter into an agreement and promote the project:

2.The term “B” shall have all efforts and characters to ensure the success of the business of the companies established as project supervisors of the project (hereinafter referred to as “company”) and shall be comprehensively responsible for the financing and operation of the company’s business facilities for the project.

3.The term “A” and “B” shall be responsible for “B” and “B” as joint and several suretiess in the construction of facilities and the raising of construction funds for the project.

6. For the Company in respect of the Project, the Company shall be established until December 10, 1986, and the Company shall aim at commencing on or before the end of February 1987 in respect of the construction of facilities.

8. If the Company fails to perform its obligation (such as the terms and conditions of occupancy permission) to be fulfilled by “A” until the completion of the construction works for the Project, “B” shall be responsible and performed, and in such cases, “A” shall be liable for the damages suffered by “B”.

9.The costs of the Project shall be borne by:

(1) All expenses incurred prior to the establishment of a company shall be borne by “B”.

(2) Before commencement of construction work from the date of incorporation, the corporation shall bear the amount of its capital interest within the scope of the occurrence of such financial interest, and the amount in excess shall be borne by “B”.

Provided, That this shall not apply to business start-up and design service costs.

(3) From the commencement of construction work to the resolution of the board of directors

10. “A”, “B”, and “B” shall take the following measures to guarantee the completion of the facilities for the Project:

(1) “A soldier” shall be cash equivalent to 20% of the total construction cost as a security deposit on the date of concluding a contract for facility construction with the company.

유사 판례

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