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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, upon which the enforcement bond exists, has a monetary claim (hereinafter “instant enforcement bond”) in which the sum of KRW 4.4 billion based on the original copy of the payment order with executory performance of the claim for service costs, calculated at the rate of 15% per annum from August 19, 2016 to the date of complete payment, and KRW 1,625,000 per annum from August 19, 2016 to the date of complete payment with respect to the Suyang-si Co., Ltd. (hereinafter “SaB”) (hereinafter “instant enforcement bond”).
B. On April 7, 2015, the lower court concluded an administrative service contract (hereinafter “instant administrative service contract”) with the wall transmission and the Defendant as follows.
In relation to the project of the regional housing association and the project of the regional housing association of Pyeongtaek-si and 97 lots (hereinafter referred to as the "project site"), Pyeongtaek-si District Housing Association (hereinafter referred to as the "A") and the wall transmission (hereinafter referred to as "the wall transmission") of the administrative service company Gap (hereinafter referred to as the "the main contract") were concluded as follows.
Article 1 (Scope, Purpose, etc. of this Agreement) ① In cooperation with the affairs of A from the promotion committee of the regional housing association of A, the scope of the affairs of B shall be finally confirmed through the conclusion of this contract through the conclusion of this contract, and it shall be concluded in order to collectively succeed to the whole of the services contracts entered into in the name of B (or joint name of A and B) and the responsibilities and rights of B following the conclusion of a real estate sales contract on behalf of A (including all matters arising from succession).
(2) Eul shall perform all the duties (hereinafter referred to as "administrative services") with respect to the duties ordered by Gap, the duties required by Gap, the contracts for outsourcing services, the contracts for real estate sales, and all the duties designated by Gap, etc., and Gap shall inevitably perform the duties under his/her name.