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(영문) 서울중앙지방법원 2017.09.07 2015가합580218
부당이득금
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 plaintiff is a housing redevelopment and consolidation project association which completed the registration of incorporation on May 19, 2006 with the approval of establishment on May 18, 2006 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

On May 6, 2008, 157,014,000 on March 5, 2009, 73,920,000 on March 5, 2009, 33, 44,000,000 on August 3, 2009, the Plaintiff entered into a service agreement with the Defendant, Inc., with the content of the services, such as the written draft of the union general meeting, and paid the contract amount in full to the Defendant N&C Co., Ltd. as follows.

On March 7, 2014, the Plaintiff entered into a service contract with the Defendant Entertainment S&D and its members entrusted services related to the application for parcelling-out, and entered into a service contract with the amount of 127,160,000 won (including additional taxes) and paid the service payment.

On January 18, 2011, the Plaintiff entered into a service contract with Defendant Uniice Consulting Co., Ltd. with the content of the draft of the ordinary general meeting of shareholders as KRW 36,960,00 (including additional tax) and paid the service payment in full to the above Defendant.

On December 15, 2013 and August 18, 2014, the Plaintiff entered into a service contract (including a service contract totaling KRW 24,310,000, and an additional tax) with Defendant GlobalM Co., Ltd. and paid the service price to the said Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the plaintiff's determination as to the grounds for a claim as a whole for the purport of the whole pleadings, pursuant to Article 24 (3) 5 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, the conclusion of a contract that becomes a partner's burden should undergo a resolution

However, the Plaintiff entered into a service contract with the Defendants, as seen above, and the Plaintiff added the service contract totaling KRW 228,46,000 to the total service cost as of February 18, 2008, December 21, 2009, March 22, 2012, and April 13, 2015, in addition to the service contract acknowledged above and recognized by the Defendant Indi&C Co., Ltd.

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