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(영문) 울산지방법원 2019.12.18 2018가합22196
채무부존재확인
Text

1. The term of the A Regional Housing Association’s promotion committee and the defendant’s service contract entered into on May 31, 2017.

Reasons

1. Basic facts

A. A regional housing association promotion committee (hereinafter “Plaintiff promotion committee”) is an organization established for the purpose of establishing a regional housing association under the Housing Act in order to promote housing construction projects (hereinafter “instant project”) at Ulsan-gu Seoul, Ulsan-gu, and the Plaintiff is a regional housing association under the Housing Act, which was authorized by the head of Ulsan-gu, Ulsan-gu, Seoul, to implement the instant project, and the Defendant is a corporation that is engaged in housing complex development business and housing management agency business.

B. On May 31, 2017, the Defendant concluded a sales agency service contract with D, the chairperson of the Plaintiff’s promotion committee, on behalf of the Plaintiff, to receive KRW 13 million per household of the sales goods (excluding value-added tax) as the price for the recruitment and sales of association members of the instant business (hereinafter “instant service contract”).

C. After this, on August 22, 2017, the Plaintiff Promotion Committee Chairperson E requested the Defendant to withdraw from the office of the public relations office of the cooperative, on the grounds that the instant service contract is not only a contract that D personally concluded without a resolution of the board of directors, but also an unfair and unreasonable contract solely for the Defendant’s interest (hereinafter “instant termination notification”).

On the other hand, the Plaintiff’s bylaws related to the instant case (hereinafter “instant bylaws”) and the relevant statutes are as follows.

(1) The following matters shall be determined by a resolution of a general meeting:

3. Article 26 (Matters and Duties of Board of Directors) (1) The board of directors shall deliberate and resolve on the following matters, except as otherwise prescribed by the budget:

5. Selection of related enterprises as a result of the promotion of duties, and conclusion of contracts, construction works, partnership agencies, business management, sale in lots and advertisement, design offices, and design offices;

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