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(영문) 청주지방법원 2021.01.22 2020가합12292
청구이의
Text

No. 482 of the 2015 deed which was prepared by D on July 9, 2015 by the defendant's notary public against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a corporation established for the purpose of housing construction business, housing site preparation business, etc., Plaintiff B is the former representative director of the Plaintiff Company, and Defendant C is a corporation established for the purpose of real estate investment and development business.

B. On October 2014, Nonparty F District Housing Association Promotion Committee (hereinafter “Promotion Committee”) and Nonparty F Co., Ltd. (hereinafter “G”) entered into a service agreement with respect to the instant project for the new construction of apartment housing of the Sinju-gu E Housing Association (hereinafter “instant project”).

2) In relation to the instant project, the Promotion Committee: (a) selected the Defendant as an executing agent on February 12, 2015; (b) concluded a PM service agreement with the Defendant on February 27, 2015; and (c) concluded a contract with Nonparty H Co., Ltd. (hereinafter “H”) on March 2, 2015 to carry out all funds related to the instant project through the fund management account opened in the name of H until the settlement of the instant project.

(c)

The fee for the agency business to be paid under Article 2 Section B (1) (hereinafter the defendant, hereinafter the same shall apply) upon the completion of the agency business under the contract of this case, such as the conclusion of the contract of this case and the preparation of the certificate of the process of this case, shall be three billion won per day.

The amount includes all the expenses incurred in the process of executing the project by proxy as the amount invested in the course of performing the project by Eul (such as service costs, advertising expenses, PM expenses, and expenses paid to members of I local housing).

(2) The above amount is changed to Byung [the F regional housing association (the promotion committee; hereinafter the same shall apply) and Eul (the plaintiff company; hereinafter the same shall apply) to Byung (the plaintiff company; hereinafter the same shall apply) by proxy upon termination of the contractual relationship with Eul.

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