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(영문) 창원지방법원 2018.08.24 2018나50878 (1)

투자금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 24, 2012, the Plaintiff concluded the following business agreements with the Defendant (hereinafter “instant business agreements”).

Written Business Agreement

1. Title of service: C - Promotion Committee for Establishment of Partnership for D Housing Redevelopment and Improvement Projects;

4. Service amount: 50,000 won/per 3.3 square meters (per 1 square meter) in total area at the time of designating an improvement zone.

5. Determination of service amount: When the promotion committee selects the specialized management company for the rearrangement project.

7. Contract term: From the conclusion of a contract to the time of selecting the beginning works of the district;

8. Terms of an agreement: see general terms of an agreement on business.

9. Terms and conditions of return of investment funds: Article 1 (General Provisions) of the General Conditions of the Work Convention within 14 days after the settlement of service costs of specialized management companies after the selection of the contractor; C- The defendant (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") shall determine the rights and duties between the parties to the Business Agreement necessary for the establishment of the association for the D Housing Redevelopment and Improvement Project (hereinafter referred to as the "Promotion Committee") and the committee for promotion of the association for the Housing Redevelopment and Improvement Project, delegated by C-D Housing Redevelopment and the association for the promotion of

Article 2 (Scope of Work) A and B shall perform the duties requested by the promotion committee in accordance with the scope of Article 69 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and shall invest the amount (expenses) jointly between A and B.

Article 3 (Calculation, Settlement and Payment Method of Service Costs) (1) The service costs shall be Gap and Eul's joint share of the total service costs entered into by the promotion committee and Gap.

(2) When a union calculates service costs after selecting a contractor in accordance with the contract terms entered into between a promotion committee and a Gap, Gap and Eul shall allocate the accounts at the ratio of paragraph (1) within 14 days except the value-added tax.

Article 4 (Advanced Payments and Additional Investments) ① For the smooth progress of a project, Eul shall have signed jointly by Gap and Eul, the amount of KRW 150 million per month and the amount of KRW 7 million per month.