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(영문) 대전지방법원 2020.11.25 2018가합109138
대여금
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s KRW 165,617,556 and its amount from January 12, 2019 to November 25, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of improving the rearrangement project management business, etc., and the Committee for Promotion of the Establishment of the Housing Redevelopment Project Cooperatives (hereinafter “instant Promotion Committee”) is an organization established to implement the Housing Redevelopment Project (hereinafter “instant project”) with respect to the size of 55,707 square meters, Jung-gu, Daejeon.

On January 28, 2020, when the lawsuit of this case is pending, the defendant obtained authorization to establish an association from the head of the Daejeon Metropolitan City from the head of the Gu during the Daejeon Metropolitan City.

2. 25. Along with the establishment registration of the association, the Housing Redevelopment Project Association took over the instant lawsuit from the Promotion Committee.

B. Article 4 (Scope of Services for Rearrangement Project) (1) The scope of services for rearrangement project management business under this contract shall be entrusted from the contract to the liquidation of partnership under Article 69 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

(2) A shall have basic data necessary for performing duties under paragraph (1), and B shall perform all the above matters on the basis of the documents prepared.

(3) A shall not make a request for services provided for in the relevant Acts and subordinate statutes and the articles of incorporation.

(4) The following services for rearrangement projects by Eul shall be excluded:

1. Expenses necessary for performing the services under paragraph (1) (general meeting-related expenses, taxes and public charges related to authorization and permission, etc.);

2. Services and expenses incurred by Gap in the relevant specialized field (certified tax accountants, certified judicial scriveners, attorneys-at-law, accountants, certified construction design engineers, certified public appraisers, etc.) necessary to implement a rearrangement project.

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