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(영문) 창원지방법원 2019.04.04 2018가합50324
용역비
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the Plaintiff

Reasons

1. Determination as to the cause of claim

A. On March 2, 2013 and December 3, 2014, the Plaintiff asserted that the Plaintiff is the Plaintiff’s assertion 1) with respect to the apartment construction projects of the C Regional Housing Association and the D Special Self-Governing Province of Kimhae-si on March 2, 2013 (hereinafter “instant contract”).

(2) The Defendant Union and the Defendant Association are not fully related to the instant contract, as the Plaintiff Association and the Plaintiff Association are either identical or similar to the agent, business site, association members, and business rules of the Defendant Union, and thus, C Regional Housing Association change only the name and representative of the association as a promotion committee for the establishment of the Defendant Union and obtained the authorization for establishment of the Housing Association. Since the Defendant Association is a non-corporate entity identical with C Regional Housing Association that is a party to the instant contract, and succeeded to the rights and obligations of C Regional Housing Association, the Defendant Union is obligated to pay the service cost under the instant contract to the Plaintiff. 2) The Defendant Association and C Regional Housing Association

B. In light of the following facts and circumstances acknowledged by Gap's evidence Nos. 1, 2, 5, 9, Eul evidence Nos. 3, and Eul's fact inquiry results, the evidence submitted by the plaintiff alone is insufficient to acknowledge that the district housing association and the defendant association are the same non-corporate group or the defendant association succeeded to the rights and obligations of the C regional housing association, and there is no other evidence to acknowledge otherwise.

① Although it is recognized that both the agent company of the C Regional Housing Association and the agent company of the Defendant Union were F (hereinafter “F”), C Regional Housing Association concluded an agency service contract with F around October 2014, and entered into the contract as “(tentative name) regional Housing Association Promotion Committee, Promotion Committee of Regional Housing Association, and Chairperson G” in the column of the parties concerned. On the other hand, it was concluded on December 7, 2014 between “B Regional Housing Association” and “F.”

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