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(영문) 수원지방법원 2017.09.28 2016가단27982

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On October 30, 2012, A&C Co., Ltd. (hereinafter referred to as “B”) entered into an agreement on October 30, 2012 for the establishment promotion committee of the regional housing association, D, U&S investment securities, etc. to implement apartment development projects in the B B in the ethic City C.

Since then, on February 15, 2015, the above regional housing association establishment promotion committee succeeded to the status of the promotion committee.

On May 2015, the non-party company and the defendant concluded a contract on business succession (hereinafter “instant succession contract”) with respect to the above business, and the main contents of the contract are as follows.

Article 1 (Purpose) The purpose of this Agreement is to promote the new construction project of multi-family housing promoted by the non-party company as a regional housing association based on the data provided by the non-party company.

Article 3 (Allocation of Duties and Obligations) (1) A non-party company shall perform the following duties as the existing executor of the project:

3. After the establishment of a regional housing association, the duty to succeed to the business rights of the non-party company and the business site under the name of the non-party company in the name of the defendant, and the duty to support land work in order to secure the uncontractual site.

2. Of the cost of project promotion spent by the non-party company for the project, the relevant materials paid directly by the non-party company to the non-party company in relation to the purchase of the land of the project under Article 4 (Settlement of Land Costs) of the duty to reimburse the amount directly paid to the non-party company to the non-party company (the base amount for the 2.6 billion won and the basis for payment) shall be attached to this contract and paid in cash or in

The method and time of payment shall later be the nonparty and the defendant.