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(영문) 서울중앙지방법원 2016.09.23 2016가합503584
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 1,415,06,550 as well as Defendant B from September 15, 201.

Reasons

1. Circumstances leading to the dispute of this case;

A. Defendant A Apartment Rebuilding Project Association (hereinafter “Defendant Association”) is an association established for the reconstruction of A Apartment in two parcels, including Sejong Special Self-Governing City E.

Defendant B was the president of the Defendant Partnership, and Defendant C was the manager of Defendant D Co., Ltd. (hereinafter “Defendant D”) from January 28, 2008 to October 28, 2010.

B. On March 15, 2006, the Defendant Mutual Aid Association concluded a contract with F Co., Ltd. (hereinafter “F”) for a new construction project for the reconstruction main apartment (hereinafter “instant construction project”) at KRW 16,270,50,000 for the contract amount.

On December 20, 2006, the Plaintiff entered into a construction guarantee agreement (hereinafter “instant guarantee agreement”) with F and the said contract, setting the guarantee amount as KRW 7,186,354,440, and the guarantee period as from January 20, 2007 to January 19, 2009.

C. On June 16, 2007, the Defendant Union held an extraordinary general meeting and resolved to add Defendant D to Defendant F as a joint contractor with F and to become a representative of the joint contractors.

On June 22, 2007, the Defendant Cooperative contracted the instant construction project at KRW 16,270,50,000 on the basis of the contract amount between F that constitutes a joint contractor and Defendant D.

(hereinafter “instant contract”).

D. On July 2007, the Defendant Cooperative reported the commencement of construction to F and Defendant D by the construction executor to the head of Chungcheongnam-do Gun, Chungcheongnam-do. The F and Defendant D commenced the instant construction on July 22, 2007.

F has failed to perform the instant construction work from November 2007 due to business difficulties.

From that time, Defendant D independently performed the instant construction, and Defendant D discontinued the instant construction around September 2009.

Accordingly, on May 31, 2010, the Defendant Union filed a claim with the Plaintiff for the performance of the guarantee under the instant guarantee agreement, and on June 3, 2010, the Plaintiff requested the Defendant Union to submit data on the payment of the construction cost for the examination of the guarantee accident.

(e).

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