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(영문) 서울남부지방법원 2020.01.21 2018가단229353

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Relevant parties 1) The defendant is the defendant under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act").

In accordance with Article 21 (Matters to be Resolved by General Meeting) of the Defendant’s Articles of Incorporation, the following matters shall be determined through a resolution of the General Meeting:

3. Prior deliberation on the agenda of a general meeting and matters delegated by a general meeting;

4. The Plaintiff is a company established for the purpose of planning and public relations activities, etc. within budgetary limits determined by the resolution of the general assembly. B. On July 14, 2016, the Plaintiff was elected as the president of the association at the Defendant extraordinary general meeting.

2) On June 5, 2017 and June 24, 2017, the head of the defendant's association entered into a contract with the Plaintiff on the services related to the temporary general meeting of the association (until June 10, 2017 through June 25, 2017; and the service amount of KRW 98,680,00 (excluding value-added tax). 3) The head of the defendant's association entered into a contract with the Plaintiff on June 25, 2017 and July 10, 2017 on the guidance of the members of the general meeting and other services related to the general meeting as well as those related to the general meeting, with the same period of contract fixed from June 26, 2017 to July 10, 2017 (value-added tax).

(2) In the case of the instant service contract on June 5, 2017, each of the instant services contracts signed on June 25, 2017, the board of directors and the board of representatives have passed a resolution on June 5, 2017, but the two of the instant services contracts signed on June 25, 2017, did not undergo a resolution of the general meeting of partners, the board of directors, and the board of representatives.