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(영문) 서울중앙지방법원 2012.07.06 2011가합72283
추심금
Text

1. The defendant shall pay to the plaintiff KRW 1,09,172,822 and KRW 500,000 among them, from November 10, 2009, and KRW 59,172,822.

Reasons

1. Basic facts

A. A. Around August 5, 2008, the Defendant entered into a business service contract between the Defendant and U.S. E.C. E. E.C. (hereinafter “S.”) with respect to the implementation of E.C. E. E. E.C. (hereinafter “instant project”) and E.C. apartment construction project in Dongjak-gu Seoul (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 4 (Scope and Duties of Services)

1. All the affairs entrusted by the defendant by the non-party company are as follows.

(1) Affairs related to the management of partnership and cooperative members. (2) Affairs related to the construction project. (3) Affairs related to the purchase of project sites, roads, and school sites.

1. The defendant must pay an amount equivalent to 30% of the actual inputs in return for the services provided by the non-party company and running the business in accordance with the purchase of land and construction on securing access roads for the purpose of the business, school gymnasium construction, project site purchase, authorization and permission, etc. within three months after the establishment of the association is authorized.

Article 8 (Business Promotion Expenses)

1. The non-party company is to receive 15,000,000 won per household (excluding value-added tax) from the defendant's members in the name of business promotion expenses.

2. The above business promotion expenses set out in Paragraph 1 are opened an account in the sole name of the non-party company and received directly from the defendant's members and used voluntarily by the non-party company and are not settled separately to the defendant.

Article 9 (Project Costs, Apportionment of Land Costs, and Settlement of Accounts)

1. The non-party company shall arrange to advance the funds necessary to carry out the affairs set forth in the subparagraphs of Article 4(1) above and the affairs pertaining to the business of this association, and shall settle the funds from the financial authority when the funds relating to this business are loans.

2. With respect to paragraph 1 above, three months after the establishment of the partnership is authorized by the defendant to the non-party company.

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