(영문) 전주지방법원군산지원 2015.05.14 2014가합11804

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(영문) 전주지방법원군산지원 2015.05.14 2014가합11804

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 22, 2011, the Defendant entered into an implementation agency contract (hereinafter “instant agency contract”) with A.S. Co., Ltd. (hereinafter “A. E.S.”) to carry out the apartment construction project of a regional housing association (hereinafter “instant apartment construction project”) at KRW 226, Dosan-dong, Dosan-si, Gunsan-si (hereinafter “instant apartment construction project”).

The scale of business: The service cost under the instant agency contract shall be based on the number of designing households (the fixed number of households at the time of approval for a project (approval for a change) at the time of the formulation of the project plan, and shall be paid as follows.

(1) The service cost under the instant agency contract for A.S. shall be KRW 3,040,000,000, based on the number of households planned (a approximately 380 households) and the amount to be paid by each household (eight million won), and the number of households determined as at the time approval for the project (change) shall be applied.

(2) Even if the number of households of the association members recruited prior to an application for authorization for the establishment of a partnership and approval for a project plan does not exceed the number of households at the time of approval for the change of the project, the defendant shall pay the remaining number of households to ASEAN, and the execution cost by proxy due to the failure to recruit association members shall be paid in advance from the defendant's project promotion cost, and the execution cost by proxy after selling the remaining number of households after the invitation of association members by general sale,

(3) The expenses for vicarious implementation as follows shall be separately paid by the insured (members), and the value-added tax shall be separately paid by the defendant from the project implementation expenses, and the report of value-added tax shall be made from the time of the first quarterly report after the approval of the project based on the amount received by E.S. E.C.

Initially, the first enforcement cost with the payment amount at the time of the installment payment.

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