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(영문) 대구고등법원 2020.09.02 2020나20570
대여금
Text

1. Of the judgment of the first instance, the part against Defendant C, D, F, G, H, and I shall be revoked.

2. Defendant C, D, F, G, H, and I are Defendant B.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of housing construction project, etc., and Defendant B Housing Reconstruction Project Association (hereinafter “Defendant Association”) is an association established to implement the housing reconstruction project (hereinafter “instant reconstruction project”) in the Daegu-gu Rwon.

B. Defendant C is the president of the Defendant Union, the F, G, H, and I are the directors of the Defendant Union, and the auditors of the Defendant Union.

S was the auditor of the Defendant Union on July 22, 2016, and died on July 22, 2016, and Defendant K, L, M, N,O, P, and Q jointly succeeded to the property of the Defendant J and its children.

(2) Defendant J, K, L, M, N,O, P, and Q are “Defendant S’s heir” and the remainder of Defendants except the Defendant Cooperative are “Defendant’s executive officers.”

On August 5, 2014, the Plaintiff entered into a contract with the Defendant Cooperatives for the housing reconstruction project for the instant reconstruction project (Evidence A; hereinafter “instant construction contract”). The Defendant’s executive officers signed and sealed the instant construction project as a joint and several surety in the contract.

The main contents of the instant construction contract are as follows.

B The contract for the Housing Reconstruction Project Corporation

1. Name of the project: A housing reconstruction rearrangement project;

5. Details of the project: Article 10 (Contract Guarantee, etc.) of the Construction Contract Terms and Conditions for Construction of Construction Facilities authorized by the head of the Daegu Metropolitan City, "A (the defendant union; hereinafter the same shall apply)" shall have officers as joint and several sureties, and "B (the plaintiff and the same shall apply hereinafter)" shall submit a construction guarantee certificate to "A" pursuant to Article 51 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

Article 15 (Project Promotion Expenses) (1) "A" is required from the time of the selection of the contractor to the time of sale in general from the financial institution designated by the consultation between "A" and "B" in accordance with the conditions separately prescribed by "B".

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