(영문) 서울중앙지방법원 2014.10.30 2012가합101218

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(영문) 서울중앙지방법원 2014.10.30 2012가합101218

추심금

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1. The Defendant’s KRW 238,901,796 for the Plaintiff and KRW 5% per annum from November 22, 2012 to October 30, 2014.

Reasons

The defendant is a regional housing association established on November 26, 2008 with the authorization of the head of Dongjak-gu Housing Association for the establishment of the housing association on November 26, 2008 in order to promote the joint housing construction project under the Housing Act (hereinafter referred to as the "project in this case") in Dongjak-gu Seoul Metropolitan Government, and D (hereinafter referred to as "D") is a corporation that runs the

Article 4 (Scope and Obligations of Services) (1) All the tasks entrusted by the defendant shall be as follows:

1. Operations related to the Cooperative and the management of its members;

2. Affairs related to the commencement of projects;

3. Purchase of project sites, roads, and school sites;

4. In addition, the defendant shall pay, within three months after he/she approves the establishment of an association, an amount equivalent to D within 30% of the actual investment amount in return for the services to be performed by D in accordance with the purchase of land and construction works as a result of securing access roads for the project of this case, school gymnasiums, project site purchase, authorization and permission process, etc.

Article 8 (Business Promotion Expenses) (1) D shall be paid KRW 15 million per household from the defendant's members in the name of business promotion expenses.

2. The above business promotion expenses set forth in paragraph 1 above shall be collected directly from the defendant's members by opening an account under the exclusive name of D and shall be used at will by D and shall not be settled separately to the defendant.

Article 9 (Project Costs and Land Costs and Settlement) (1) D shall include funds necessary to carry out the duties set forth in paragraph 1 of Article 4 above and the duties related to the project of this case, and D shall settle accounts of D’s advance payments when funds related to the project of this case are loaned from financial rights.

(2) In relation to paragraph (1) above, if the defendant fails to complete the settlement within three months after authorization was granted to establish the D, the defendant shall pay the amount immediately to the defendant.

(3) The defendant shall be required for the purchase of land and the payment of project costs.

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