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(영문) 부산지방법원 2017.01.19 2015가합42776
대여금
Text

1. The remainder of the Defendants except Defendant A shall be jointly and severally against the Plaintiff KRW 3,317,90,680, and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in civil engineering, construction, electricity business, etc., and the Promotion Committee for the Establishment of the B-Housing Redevelopment and Improvement Project (hereinafter “instant Promotion Committee”) was established on July 9, 2007 by the Defendant B-Housing Redevelopment and Improvement Project Association (hereinafter “Defendant B-Housing Redevelopment and Improvement Project Association”) with the approval of establishment from the head of the Busan F-si Office on July 5, 2007, with the purpose of establishing an association for the housing redevelopment and improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On February 11, 2006, the instant promotion committee held a general meeting of residents to select the construction work of the instant project as the Plaintiff and delegated the authority to conclude a contract with the contractor to the promotion committee (hereinafter “instant resolution”).

C. On April 12, 2006, the Plaintiff and the instant promotion committee concluded a contract for construction with the content that the Plaintiff would jointly undertake the instant project (hereinafter “instant construction contract”). Articles 15 through 17 of the instant construction contract provide that the Plaintiff shall lend the project promotion expenses, union members relocation expenses, and union operation expenses to the instant promotion committee, and Article 34(2)2 and 4 of the instant promotion committee provides that “Where the instant promotion committee fails to perform the contract without justifiable grounds, fails to comply with the contractual terms, or fails to comply with the agreement, or it objectively proves that the continuation of construction is impossible due to the occurrence of any cause for failing to achieve the contractual purpose, or violating the contractual terms, the Plaintiff may cancel or terminate the contract.”

On the other hand, the remaining Defendants except for the Defendant partnership, who are officers of the instant promotion committee (hereinafter “Defendant executives”) are the instant construction contract.

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