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(영문) 서울서부지방법원 2017.11.02 2016가합39392
대여금
Text

1. The Plaintiff:

A. Defendant A district housing redevelopment and rearrangement project association is comprised of KRW 2,284,255,950 and its related amount.

Reasons

1. The facts below the facts of recognition may be found either in dispute between the parties or in each entry of Gap evidence 1 to 9 (including branch numbers if there are branch numbers; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

Defendant A District Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”) was established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) by designating the 33,923 square meters (hereinafter “instant rearrangement zone”) in Seodaemun-gu Seoul as the project implementation district of Seodaemun-gu, Seoul, as the project implementation district, and was authorized to establish the association on May 21, 2003.

B. On October 6, 2008, the Plaintiff and the Defendant Union provided the Plaintiff with the land necessary for the instant project owned by the members of the Defendant Union and the Defendant Union, and paid the amount of the construction contract. The Plaintiff entered into a construction contract under the terms and conditions of the design documents and the contract approved by the head of the competent local government on the land provided by the Defendant Union (hereinafter “instant construction contract”). Defendant B, C, D, F, E, and G (hereinafter “Defendant B, etc.”) (hereinafter “Defendant B, etc.”) as an executive officer of the Defendant Union entered the instant construction contract into the construction contract as a joint guarantor for the Defendant Union’s obligations.

The main provisions relating to this case in the contract for construction work of this case are as follows.

Ⅱ Article 4 (A) of the General Conditions of the Construction Contract (hereinafter referred to as “Party A”) ① “A” and “B” (only hereinafter referred to as “Plaintiffs and “B”) are parties to the construction contract, subject to their responsibilities and obligations under the relevant laws and regulations, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as “Urban Improvement Act”), and the implementation of this contract in accordance with the principle of mutual trust and good faith so that the project is completed in a successful manner.

(3) The term "B" shall be qualified as a contractor for the project.

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