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(영문) 서울중앙지방법원 2021.03.09 2020가단5197694
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a specialized management business entity that entered into a service contract for the entrustment and management of various duties, including authorization and permission, following the implementation of the D Housing Redevelopment and Improvement Project for D Housing Redevelopment on January 6, 2012 (hereinafter “instant promotion committee”) and the Guri-si E’s Seoul Special Metropolitan City Development and Improvement Project for D Housing Redevelopment and Development.

On May 7, 2013, the Plaintiff: (a) drafted a loan certificate stating “a loan of KRW 200 million from F and G (hereinafter “C, etc.”) and a letter stating “If at the general meeting of the Committee for Promotion of the Development and Improvement of DD at Guri-si, the Defendant’s design service contract would not be selected, the Plaintiff paid KRW 100 million to C, within three months.”

B. On May 2013, the scope of the joint project agreement with the Defendant (hereinafter “instant joint project agreement”) under Article 2(1) of the Act on the Promotion of Construction Design for Residential Environment Improvement (hereinafter “the instant joint project agreement”) is a joint project with the Plaintiff and the Defendant’s implementation of construction design work under the Act on the Maintenance of Residential Environment and Residential Environments, from the contract to the completion of construction works.

Article 3 (Status of Parties) (2) The defendant shall represent the company outside the place of business, such as a contractual relationship with the workplace, etc., and shall independently perform all the construction design work and legal support for the promotion of the project in accordance with the rules for operation of the promotion committee, including the rules for operation of the promotion committee, the Enforcement Decree of the same Act, the relevant statutes and City/Do ordinances,

The plaintiff as a joint businessman shall provide a bid bond.

Article 4 (Method of Settlement of Services Amount) (1) Of the amount of service charges calculated according to the terms and conditions of the contract concluded by the Defendant, the amount that is collected according to the progress stage shall be settled as the Defendant’s 60% recognized by the Plaintiff and the Defendant.

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