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(영문) 서울동부지방법원 2017.01.20 2016가합101431

추심금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The status B of the parties to the urban environment rearrangement project partnership (hereinafter referred to as the “instant partnership”) is an urban environment rearrangement project partnership under liquidation procedures as of August 13, 2014, when the authorization for the establishment of the instant rearrangement project was revoked on August 13, 2014, with the aim of implementing the urban environment rearrangement project (hereinafter referred to as “from the following”) against the Nowon-gu Seoul Special Metropolitan City C Group for the purpose of implementing the rearrangement project.

The Plaintiff (hereinafter “Plaintiff”) was a company that entered into a design service contract for the instant rearrangement project with the instant association on February 11, 201 and provided such design services, and the Defendants are members of the instant association.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

6. A cooperative may impose and collect expenses incurred in implementing housing projects, such as construction expenses (hereinafter referred to as "maintenance expenses"), from its members to pay expenses, such as rearrangement project expenses, liquidation expenses, dues, late payment charges, late payment charges therefor, and losses incurred therefrom (including delay of interest, delay of contracts, delay of disputes among its members), etc.

Where any obligation of the cooperative and any residual property of the cooperative are found after the completion of liquidation, the cooperative shall fairly distribute them to maintain equity by comprehensively taking into account the expenses, etc. to be borne by the land or buildings sold in lots to members at the time of dissolution.

Regarding the burden of cost, the following provisions are provided:

The Plaintiff, on May 13, 2015, issued a collection order against the Defendants.