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(영문) 인천지방법원 2017.09.14 2016가합2426

추심금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On March 21, 2007, the C Housing Redevelopment Project Establishment Promotion Committee (hereinafter referred to as the “Promotion Committee”) (hereinafter referred to as the “D”) was concluded with D Co., Ltd. (former E Co., Ltd.; hereinafter referred to as the “D”); and on April 7, 2007, entered into a loan agreement (hereinafter referred to as the “instant loan agreement”); and on April 7, 2007, the Specialized Management Services Contract (hereinafter referred to as the “Specialized Management Services Contract”); and the main contents of each of the above contracts are as follows.

The Chairperson F (hereinafter referred to as "A") and the Representative Director G (hereinafter referred to as "B") of E Co., Ltd. (hereinafter referred to as "B") on behalf of the Loan Contract Promotion Committee shall enter into a loan agreement for operating expenses as follows in order to determine necessary matters concerning the operating expenses required for the implementation of the Housing Redevelopment Improvement Project (hereinafter referred to as "the Project"):

[General Conditions for Contracts] Article 2 (Status between Parties) (1) A shall entrust Eul with the management business of improvement projects under the subparagraphs of Article 69 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Eul shall faithfully perform the services entrusted by Gap.

(5) In promoting this project, Party A is required to operate funds by borrowing from a rearrangement project management company for operating expenses and implementation of the project in accordance with Article 32 (2) of the Promotion Committee Regulations, and Party B is required to lend the conversion of the settlement of accounts into loans and operating expenses, since Party B is selected as a rearrangement project management company at the residents’ general meeting held by the Promotion Committee on March 20, 207.

Article 3 (Scope of Services) (1) A and B shall perform the following duties:

1. To convert the operating expenses of the report of settlement of accounts, office rent deposit into loans to the committee for promotion of establishment at the same time as this contract;

(Operation Fee 4,303,488, lease deposit 10,000,00). 2. Budget of the Promotion Committee (Plan)