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(영문) 서울고등법원 2016.09.30 2015나2019849
추심금
Text

1. The plaintiff's appeal and the selective claims added by this court are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Basic facts

A. Relevant party 1) The Defendant is a housing reconstruction project owner with the area of project district of 22,886m2 in Daegu-gu, Seogu, Daegu-gu (hereinafter “instant project”).

For the enforcement of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on February 11, 2010, a cooperative authorized by the head of the Daegu Metropolitan City month under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is established, and the B Apartment Housing Reconstruction Project Promotion Committee consisting of around December 2004 (hereinafter

(2) On October 9, 2006, the Plaintiff’s wife E (the deceased on February 24, 2007, hereinafter “the deceased”) decided to invest in the business entrusted with the instant reconstruction project and design service rights, etc. by Nonparty F, who was the actual representative director of C, and participated in C’s director.

The Deceased paid KRW 620 million from March 24, 2005 to May 11, 2006 to Nonparty G, who was entrusted with the instant reconstruction project or design service right by the Defendant, under the pretext of investment, such as transfer of business rights.

3) On December 21, 2005, C and C are entrusted with all the project implementation services of the instant project by the promotion committee, and leased the expenses incurred until the establishment of the association. The promotion committee shall collect project expenses through the implementation services. However, the loan is a contract under which C will recover the project expenses through the implementation services, but the loan is to be collected as bid bond, etc. at the time of selecting the construction company of the instant project (hereinafter “instant first maintenance services contract”).

(4) However, the Plaintiff, who was transferred the right to the said investment amount from the Deceased for a considerable period of time, requested the return of the investment amount by filing a complaint against G at around 2007 on the charge of embezzlement of the investment amount.

During that process, the Plaintiff is the president of G, F, and Promotion Committee on August 31, 2007 (the present representative of the Defendant).

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