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(영문) 서울중앙지방법원 2020.02.13 2019가합555173
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a housing construction business and housing site creation business, etc., and the Defendant is a housing association under the Housing Act established for a new project of constructing an apartment of a regional housing association (hereinafter “instant project”) in the Yangju-si, which was authorized to establish a housing association on October 18, 2018.

(B) The committee for promotion of the regional housing association, which is the overall part of the defendant, was established and promoted. (hereinafter the defendant and the above committee for promotion are collectively referred to as the "defendants").

On July 8, 2016, the Plaintiff and the Defendant entered into the instant agency contract with the Defendant (hereinafter “instant agency contract”). On February 1, 2017, the service cost to be paid to the Plaintiff for each newly-built apartment house was changed to KRW 12 million (excluding value-added tax) without any square distinction on October 19, 2017, and was changed to KRW 20 million (excluding value-added tax) without any square distinction on December 1, 2017.

Article 1 [Purpose of Contract] The purpose of this Agreement is to stipulate the responsibilities and obligations of Gap (Defendants) and Eul (Plaintiffs) with respect to all affairs related to the project in relation to the project of the defendant's new apartment construction project, such as the organization of the promotion committee, preparation for membership recruitment, association establishment authorization, apartment design and supervision, approval of the project plan, selection of contractor and loan financial institution, authorization and permission related to general sale, sale by proxy, advertisement agency, etc.

Article 3 (Scope of Services Contract)

1. Assistance in organizing an association and approving the establishment of an association (i.e., preparation of a promotion committee and operational regulations - support for the establishment and operation of a promotion committee - lease and open preparation for the recruitment of association members - recruitment of necessary human resources, education and operation - consultation for the recruitment of association members.

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