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(영문) 대구지방법원 2017.09.07 2016가합206967
업무대행비 청구의 소
Text

1. The Defendant’s KRW 311,365,00 for the Plaintiff and KRW 6% per annum from March 4, 2015 to September 7, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a rearrangement project management contractor under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant comprehensively succeeded to the rights and obligations of the Defendant’s AHousing Reconstruction Project Promotion Committee (hereinafter “Defendant Promotion Committee”) established pursuant to the Urban Improvement Act for the purpose of rebuilding projects (hereinafter “instant project”). On September 14, 2015, the Plaintiff was an association established pursuant to the Urban Improvement Act for the purpose of rebuilding projects of buildings located in the Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu District District for the purpose of establishing the said project.

B. On September 10, 2009, the Defendant Promotion Committee entered into an agency contract with the Plaintiff on April 22, 201, with the content that the Plaintiff would perform all the affairs necessary for the instant project implementation, including support for affairs to obtain authorization to establish an association in the form of a negotiated contract with the Plaintiff, preparation of the draft articles of association, etc., on April 22, 201, by participating in the bidding alone, although there was no bidder, and the second and third bidding notices were made, but only the Plaintiff participated in the bidding alone.

(hereinafter “instant contract”). C.

The main contents of the instant contract are as follows.

Article 2 (Scope of Agency Business)

1. The scope of the agency business of B (hereinafter referred to as the Plaintiff) in this agency business shall be any of the following services entrusted by A (hereinafter referred to as the Defendant Promotion Committee):

Provided, That the affairs for which consent is obtained by seeking consent to the reconstruction improvement project of the promotion committee shall be conducted by A, but this affairs shall be supported by B at the request of A.

(1) Business support to obtain authorization for the establishment of an association. (2) Preparation of draft articles of association of an association. (4) Cooperation with residents' general meeting for establishing an association.

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