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(영문) 대전지방법원천안지원 2016.12.21 2016가단7537
각서금 등
Text

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 was in office as the president of the Promotion Committee for the Establishment of CHousing Redevelopment and Improvement Projects (hereinafter “instant partnership”) around 2010, and was in office as the head of the instant partnership from December 26, 2012 to August 22, 2014.

B. On May 25, 2010, the Defendant concluded a contract for specialized management of rearrangement projects and a cash loan contract with the Promotion Committee for the Establishment of the instant association respectively.

A creditor (A) of conditional termination of agreement: The terms and conditions of the CHousing Redevelopment and Improvement Project Association (the Plaintiff): A and B shall prepare, on May 25, 2010, a written agreement with respect to the payment of cash loans and service costs, as follows, in cancelling the service contract concluded on May 25, 2010:

A. L. L. L.I.

1. The loan amounting to KRW 149,60,000,000 ( KRW 149,600,000) shall be confirmed mutually, and the time for repayment shall be paid within 15 days after the selection of a contractor;

(B) A shall be paid to A; 2. The service cost (establishment of an association) 490,000 won by mutual contracts and agreements shall be deposited into A’s passbook within 15 days after the selection of the contractor.

4. Of 490 million won, one hundred million won (from May 201 to January 201, 201), out of the amount of service charges to be paid 490 million won, the promotion committee shall deposit the amount of its own loan and interest with the head of the partnership Tong.

5.For the implementation of the above-mentioned letter of agreement, B shall be admitted by the president of the partnership and the vice-partnership.

On February 26, 2013, Defendant representative D (Official Seal) of the instant association president of the Plaintiff (Official Seal) and vice president E (personal seal) of the association of this case

C. On February 26, 2013, the Defendant entered into a conditional agreement with the instant union on the following terms:

(hereinafter referred to as “instant conditional agreement,” and the part of Paragraph (4) stipulating that the Defendant shall pay the Plaintiff KRW 170,000,000 to the Plaintiff is “instant agreement.”

On January 11, 2014, the instant association held an extraordinary general meeting and selected the same dispute as the Si Corporation.

The instant partnership shall be the Defendant, 110,000,000,000 won on February 28, 2014, and December 28, 2014.

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