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(영문) 인천지방법원 2017.06.16 2016가합55017
대여금
Text

1. The plaintiff's primary claim against the defendants is dismissed, respectively.

2. Defendant A Housing Redevelopment Project Association shall be the same.

Reasons

1. Basic facts

A. The promotion committee for the establishment of a district A Housing Redevelopment Project Association (hereinafter “instant promotion committee”) is established for the purpose of establishing an association to implement a housing redevelopment improvement project (hereinafter “instant project”) on the size of 27,714 square meters in Jung-gu Incheon, Jung-gu, Incheon. Defendant C was the chairman of the instant promotion committee, Defendant B’s vice-chairman, Defendant D’s auditor, Defendant E, F, G, and H of the instant promotion committee.

B. On December 8, 2006, the promotion committee of this case had a general meeting of residents, held a promotion committee on December 26, 2006, and selected the Plaintiff as a specialized management businessman of rearrangement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. On the same day, the promotion committee of this case entered into a contract for specialized management businessman of rearrangement projects (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Terms and conditions of service contract for rearrangement project management business (work amount) ① The unit cost to be paid to the Plaintiff by the committee for promotion of this case shall be KRW 0,000 per square meter, and the total service amount shall be calculated by multiplying the unit cost of service per square meter by the total floor area of construction when the head of the competent Gu approves the project implementation authorization.

Provided, That value-added taxes shall be separately imposed.

Article 10 (Payment of Service Amount) (1) The Promotion Committee of this case shall pay the service amount to the Plaintiff’s account in cash as follows:

1. The ratio of division, ① at the time of the conclusion of the contract, ② at the time of the designation of the rearrangement zone, ④ at the time of the approval for the establishment of the association, ④ at the time of the approval for the implementation of the project, ⑤ at the time of the approval for the implementation of the management and disposal plan, 15% 15% 15% 15% 10% at the time of

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