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(영문) 서울중앙지방법원 2019.07.02 2018가단5275676

양수금

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 'C 'D apartment construction project' (hereinafter referred to as 'the instant project') in Gwangju City

(tentatively named E Regional Housing Association was changed to F Regional Housing Association after the Promotion Committee.

hereinafter referred to as "the partnership of this case"

and G Co., Ltd. (hereinafter referred to as “G”);

In relation to the instant project on May 26, 2015, "the instant service contract (hereinafter referred to as "the instant service contract") refers to "the instant service contract."

The main contents of this case are as follows: Article 8 (Fund Plan and Method of Payment) is to construct D apartment units with the contribution of KRW 13,000,000 for the total amount of expenses for the services of the planned household (excluding value added tax) to KRW 10,478,00,000 for each 806 household household unit, and to cover interest and arrears incurred from the implementation of the project in proportion to the cost of the project, and to the cost of the project, the interest and arrears incurred from the implementation of the project shall be appropriated for the cost according to the cost of the project, and with respect to the cost of the performance of the project (where the number of the association members’ authorizations falls short of the cost of the project approvals, the amount shall be appropriated and paid from the project cost) on the basis of the design number (if the number of the association members’ authorizations approvals falls short of the cost of the project approvals, the association shall pay to G in accordance with the payment plan under paragraph (6) below (excluding

B. On September 2015, the instant association and G entered into a fund management agency contract with the Defendant for the management of the application amount of the instant project, contributions to cooperative members, and business promotion expenses (hereinafter “instant agency contract”) and the main contents of the instant agency contract related to the instant case are as follows.

Article 5 [Scope of Agency Affairs for Fund Management] The defendant shall accept the following affairs from the association of this case necessary for performing the affairs of fund management of this case:

(1) opening an account under the name of the defendant for the management of funds relating to the instant business (such as a union business and discretionary expenditure account, union members contribution account, operation account, etc.) (2) of this case