beta
(영문) 수원지방법원성남지원 2013.06.21 2012가합20631

보관금반환

Text

1. The Defendant’s KRW 2,749,00 for the Plaintiff and KRW 5% per annum from October 16, 2012 to June 21, 2013.

Reasons

1. Basic facts

A. On April 2002, the Plaintiff is a contractor who entered into a construction contract for the construction of the above partnership apartment (hereinafter “instant construction contract”) with the Plaintiff on March 28, 2002 (hereinafter “DF apartment promotion committee Chairperson C”) established as the representative C to promote the partnership apartment construction project (the housing association was not authorized under the Housing Act) and the Defendant (the trade name was changed in the Daewoo Engineering Co., Ltd.) entered into with the Plaintiff on March 28, 2002.

B. Article 16(9) of the instant construction contract provides that, with regard to the receipt and management of the subscription amount of union members, “all the subscription amount of union members (such as land cost, construction cost, late payment charge, etc.) received through the invitation of union members shall be deposited in the bank room opened by the Plaintiff and the Defendant under the name of the Defendant and shall be jointly managed by the Plaintiff and the Defendant. The subscription amount of union members deposited in the said account may be used only as the expenses (land cost, construction cost, design supervision cost, authorization and public charges, etc.) directly used for the business of the Plaintiff and the Defendant on March 29, 202. Accordingly, the Plaintiff and the Defendant opened the account under the name of the Defendant (the national bank 69201-01-096976, hereinafter referred to as the “instant account”) with joint seal affixed thereon, and managed the subscription amount from the said account (the total subscription amount and the interest amount deposited in the instant account from 6,019,790 won to 209,7980.2.48

(hereinafter “instant money custody”). C.

On the one hand, the decision to suspend the execution of duties and to permit the convening of an extraordinary general meeting, and the plaintiff has no particular progress in the project of this case.

참조조문