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(영문) 서울서부지방법원 2016.10.06 2015가합2775
양수금
Text

1. The Defendants shall be jointly and severally liable:

A. 2,776,473,000 won and 1291,00,000 won among them to the Plaintiff (Appointed Party).

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 9, 14 (including the number, hereinafter the same shall apply), and Eul evidence 1, with a comprehensive view to the whole purport of the pleadings.

Defendant A Urban Environment Improvement Association (hereinafter referred to as the “Defendant Association”) is an urban environment improvement association that implemented construction works of main apartment (J; hereinafter referred to as the “instant main apartment”) and auxiliary facilities (hereinafter referred to as the “instant construction works”) on the land of Goyang-gu, Yangyang-gu, and 36 parcels of land. Defendant A is the head of the Defendant Association; Defendant D is the head of the Defendant Association; Defendant F and C from March 31, 2008; Defendant F and C are the directors of each Defendant Union from November 17, 2010 to November 17, 2015; Defendant E is the director of the Defendant Association from January 10, 2009 to January 14, 2015; and Defendant G is the auditor of the Defendant Association from that date to that date; and Defendant G was the person who served as the auditor of the Defendant Association from October 10 to 14, 2015.

B. On December 15, 2010, the Defendant Union ordered the instant construction to Nonparty K Co., Ltd. (hereinafter “K”) (hereinafter “instant contract”), and changed part of the instant contract on April 19, 201, January 24, 2013, and January 10, 2014. The main contents of the instant contract are as follows.

Under common contents, A urban environment rearrangement project cooperatives (hereinafter referred to as "A") and K stock companies (hereinafter referred to as "B") which are project implementers shall conclude a contract as follows and separate construction contracts in order to determine matters necessary for urban environment improvement projects in A urban environment, and shall prepare two copies of this contract in order to verify them, and keep one copy of this contract after signing and sealing A and B, respectively:

- - Future -

1. Title of projects: Urban environment rearrangement projects A;

2. Location of the project: The area of the project, I, and 3.3 of the Gyeyang-gu, Gyeyang-gu, Gyeonggi-do.

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