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(영문) 서울고등법원 2019.02.13 2018나2034580
계약자 지위 확인의 소 등
Text

1. The plaintiff's appeal against the main claim is dismissed.

2. The plaintiff's successor's claim added at the trial court.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the rearrangement project management business, etc., and the Defendant was established by the owners of land, etc. with the size of 196,939 square meters in Namyang-si, Namyang-si, and succeeded to the rights and obligations of the Defendant’s Promotion Committee for the Establishment of the District Housing Redevelopment and Improvement Project (hereinafter “Defendant’s Promotion Committee”) as a partnership authorized on October 13, 2016.

B. On March 8, 2014, the Defendant’s general meeting of resident residents awarded a successful bid to a rearrangement project management entity, and on August 27, 2015, the Defendant’s promotion committee and the Defendant’s promotion committee for specialized management services for rearrangement projects (hereinafter “instant service contract”).

(2) Article 4 of the Terms and Conditions attached to the instant service contract states that “The first service charges shall be 10% at the time of the contract, and the second service charges shall be 10% at the time of the inaugural general meeting of the partnership, and the payment for completed portion, the payment date of which has arrived before the designation of the Si construction work, shall be paid in a lump sum after the selection of the Si construction work.”

3) Article 6 of the above contract terms state that “the Plaintiff shall lend operating expenses of KRW 9,885,500 per month to the account designated by the Defendant Promotion Committee from the date the instant service contract was concluded until the Defendant Promotion Committee selects the construction company, and the Defendant Promotion Committee shall repay all the project expenses provided by the Plaintiff as above, as the loans provided by the construction company selected by the general meeting.” Accordingly, the Plaintiff lent the Defendant Promotion Committee totaling KRW 77,301,50 to the Defendant Promotion Committee. 4) Defendant Promotion Committee presented the proposal for termination of the instant service contract to the resident general meeting and the partnership inaugural general meeting held on August 28, 2016 as an agenda item, and at the above resident general meeting and the association inaugural general meeting of the partnership, the instant service contract is terminated.

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