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(영문) 수원지방법원안양지원 2016.08.12 2015가합1777
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 429,624,00 and the interest rate thereon from October 2, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A apartment remodeling association (hereinafter “Defendant A apartment remodeling association”) is an association that comprehensively succeeds to the rights and obligations of the promotion committee by organizing a committee for the promotion of the A apartment remodeling association (hereinafter “promotion committee”) located in Bupyeong-gu Incheon Metropolitan City for the purpose of implementing the remodeling project for A apartment located in F (hereinafter “instant project”) and obtaining authorization for the establishment of the promotion committee from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Office on October 2, 2008. The Plaintiff is a company that was selected as the commencement of the instant project from the residents’ general meeting of the promotion committee on September 4, 2008.

B. Article 3 as to the date of concluding a contract and the party concluding a contract between the promotion committee and the committee around September 2008

B.2) We consider in detail in sub-paragraph (b).

As to the instant project, new apartment units were built and supplied, and the promotion committee (the Defendant partnership) entered into the following contracts with the content of lending business promotion expenses, partnership operation expenses, etc. (hereinafter “instant contract”), Defendant B, director, Defendant C, D, and E (hereinafter “the Defendants”) as the president of the Defendant partnership, and Defendant C, director, and Plaintiff C, D, and E (hereinafter “the Defendants”) jointly and severally guaranteed the obligations of the promotion committee for the Plaintiff based on the said contract at the time of entering into

(hereinafter referred to as the “instant guarantee contract”). Article 7 (Contract Amount) (1) The total amount of construction expenses to be paid to the Plaintiff by the Defendant Union shall be the amount calculated by multiplying the total floor area authorized by the person who has the right to authorize the act by KRW 2,808,000 per three square meters of the construction contract amount.

(4) The construction cost under paragraph (1) shall be the standard amount of general soil and sand, the soil conditions of which are the basis amount for commencement of September 4, 2008, and the construction cost according to the adjustment of construction cost when the geological conditions are changed after detailed geological surveys in the future.

Article 8 (Change of Contract Amount due to Price Fluctuation) (1) The contract amount under Article 7 shall be the consumer price index fluctuation rate announced by the Ministry of Strategy and Finance from September 4, 2008 to the date of actual commencement of construction works.

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