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(영문) 수원지방법원 2021.01.26 2019가단547593

용역비

Text

The defendant shall pay 10,3850,000 won to the plaintiff and 12% per annum from August 30, 2019 to the day of complete payment.

Reasons

Basic Facts

A. The Plaintiff is a company engaged in urban development consulting business, service agency business, etc.

B. 1) The Defendant is an organization for the establishment of a regional housing association as prescribed by the Housing Act (hereinafter “regional housing association”) to promote the project of constructing apartment units of the regional housing association in the Ministry of Land, Infrastructure and Transport in the Ministry of Land, Infrastructure and Transport (hereinafter “instant regional housing association project”) at the Ministry of Land, Infrastructure and Transport (hereinafter “instant regional housing association”).

2) On April 28, 2018, the Defendant held an inaugural general meeting for the establishment of the instant regional housing association and resolved on the following matters: ratification of the Defendant’s promotional affairs, approval of the bylaws of the association, appointment of executives of the association, determination of business plan, determination of budget for project expenses, etc.; however, the Defendant failed to obtain authorization for the establishment of the housing association from the permissible market pursuant to Article 11 of the Housing Act as of the closing

3) Article 23(1) of the rules of the Defendant’s association provides that contracts, appointment and dismissal of executives of the association, and approval of the budget and settlement of accounts shall be determined through a resolution of the general meeting of the association members, except as otherwise expressly provided for in the budget, such as the amendment of the rules of association, borrowing of funds, the method and interest rate thereof, and methods

[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 6 and 9, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The following facts can be acknowledged in full view of Gap evidence Nos. 1 to 12, Eul evidence Nos. 1 to 4, and 7 (including a number with several numbers) and the purport of the whole testimony and change of witness D:

1) On May 13, 2019, the Plaintiff entered into a business reverse contract between the Defendant and the Plaintiff’s members to publicize related to the Defendant’s branch loans and receive KRW 4,224,00 (excluding value added tax) with the service payment (hereinafter “instant primary service contract”).

The main contents of the instant primary service contract are as follows.

[Attachment 1]

1. Title of service: The activities of publicity of the instant regional housing association;