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(영문) 서울고등법원 2020.04.24 2019나2020540

추심금

Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. 1) Status of the parties concerned: C Regional Housing Association Promotion Committee (hereinafter “instant Promotion Committee”)

A) A project to build an apartment at Pyeongtaek-si D (hereinafter referred to as “instant project”)

2) As seen earlier on June 15, 2016, a regional housing association established for the purpose of establishing and promoting a regional housing association (hereinafter “E”) is a corporation established for the purpose of real estate sales agency business, etc., and an agent who entered into an agency contract with the instant promotion committee.

3) On March 15, 2016, the Plaintiff was established for the purpose of advertising production, agency business, etc., and entered into a service contract with E for the purpose of accepting the recruitment of union members and advertisement business related to the instant business. 4) The Defendant is a company for the purpose of trust business, etc., and is a fund manager who entered into a contract with the instant promotion committee and E for fund management affairs as seen earlier on August 11, 2016.

B. On June 15, 2016, the instant promotion committee and E’s agency contract concluded an agency contract with the instant promotion committee and E on behalf of all the business affairs of the instant promotion committee for the instant project (hereinafter “instant agency contract”), and the main contents are as follows.

The committee for promotion of the agency contract of this case (hereinafter referred to as "A") shall select the agent of the project of this case to be implemented under the name of "A" (hereinafter referred to as "B") and delegate all the authority necessary for the implementation of the project.

B shall conclude an agency contract with A to ensure the successful completion of the instant project as an agent.

Article 5 (Scope of Agency Business of Cooperatives)

1. The scope of services on behalf of Eul for the implementation of this case shall be as follows, and in the case of services necessary for the implementation of this case, the following details shall not be specified:

The scope of agency business is also included in the agency business.