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(영문) 광주고등법원(전주) 2019.05.23 2018나11171

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 20, 2017, the Plaintiff issued a seizure and collection order against C (hereinafter “C”) on the ground of an executory notarial deed (No. 620 of the certificate of Djoint Law Office (No. 2015) with respect to all claims, such as the obligor C, the garnishee, the Defendant, and the amount claimed as KRW 266,953,424, the former District Court issued a seizure and collection order against C (hereinafter “instant seizure and collection order”), and the above order was served on the Defendant, a debtor, on March 22, 2017, who is the Defendant, as the obligor, under the former District Court Order No. 2017, the amount claimed as KRW 266,953,424.

B. 1) The Defendant entered into an agency contract: (a) the construction project of the local housing association B (tentatively referred to as the “instant apartment” or the “project of this case” in the Seoul Special Metropolitan City E-gu.

(2) On August 23, 2015, the Committee for Promotion of Regional Housing Association (hereinafter “Promotion Committee”) (hereinafter “instant agency contract”) (hereinafter “instant agency contract”) (hereinafter “instant agency contract”) was concluded with C in relation to the instant business around 2013 and entered into a contract for the agency business on September 23, 2015.

3) On January 7, 2017, the Defendant succeeded to the instant agency contract between the Promotion Committee and C as it is, and entered into a PM management service contract for the general apartment sales of the instant apartment. 4) In relation to the instant case, the main contents of the instant agency contract and the PM service contract are as follows.

Article 1 of the agency service contract of this case / [Purpose] This contract sets forth the rights and obligations between the promotion committee or the defendant (hereinafter referred to as the "defendant" in both the promotion committee and the defendant without distinction between the promotion committee and the defendant) and C in relation to the project of this case, and supplies the housing in progress without interruption, thereby promoting the stability of the residential life of the association members

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