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(영문) 대구지방법원 김천지원 2018.06.12 2017가단2911

설계비 용역대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Cooperatives (hereinafter “instant cooperative”) promoted the establishment of a cooperative, such as: (a) the implementation of village development projects pursuant to the Rearrangement of Agricultural and Fishing Villages Act in the Ilcheon-si, Kimcheon-si; and (b) the establishment of a cooperative, from February 2011, by setting the land of Kimcheon-si D as a business site; and (c) the receipt of investments by inviting its members.

B. On November 23, 2012, the Plaintiff entered into a design contract (hereinafter “instant contract”) with the instant cooperative, setting the contract amount of KRW 200,000,000 (value-added tax separate) with respect to the instant business as a provisional title.

According to the instant contract, KRW 54,000,000, when entering into a contract, KRW 72,000,000 for the first intermediate payment, KRW 54,000 for the second intermediate payment, and KRW 54,000 for the second intermediate payment, when designating and approving a village development zone, the remainder KRW 20,000 for the first intermediate payment shall be paid respectively on the date of delivery of working plans after formulating and approving a project plan.

C. Around December 26, 2012, the inaugural general meeting of the Defendant Union was held for the implementation of the said village development project, and F, the president of the instant cooperative, was appointed as the president of the Defendant’s association.

The instant project site was designated as a village development zone on November 28, 2014, and the Defendant obtained approval of a project implementation plan from the Kimcheon market on June 4, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the actual party to the instant contract, and even if not, the Defendant agreed to succeed to the instant contract through a resolution of the Defendant’s general assembly. Therefore, the Defendant should pay the Plaintiff KRW 59,80,000 (including value-added tax) in accordance with the instant contract.

B. The Defendant’s assertion is the instant cooperative, and the Defendant’s succession to the contract under the Articles of Incorporation is the resolution of the general meeting, and the Plaintiff decided at the general meeting regarding the succession to the contract of this case.

참조조문