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(영문) 서울중앙지방법원 2018.03.15 2017가합518989
용역비
Text

1. Defendant B’s regional housing association promotion committee: (a) KRW 220,794,99; and (b) from December 26, 2016 to December 2018.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on December 28, 2015 for the purpose of management consulting business, redevelopment and reconstruction consulting business. Defendant B’s regional housing association promotion committee (hereinafter “Defendant B’s promotion committee”) is a non-corporate association organized on January 5, 2015 for the purpose of establishing the Seoul Mapo-gu District Housing Association (hereinafter “instant association”). Defendant C is the chairperson of the Defendant Promotion Committee.

B. On October 19, 2015, the Defendant Promotion Committee resolved to select the Plaintiff as a service company to proceed with the business of the instant association. At the time, the Plaintiff was in preparation for the establishment of a company, and thus, on November 27, 2015, a business service contract was concluded between E and the Defendant Promotion Committee (hereinafter “instant business service contract”), which is its representative, and the main contents are as follows.

A project implementer B (the chairperson C; hereinafter referred to as "A") and a project performer E (hereinafter referred to as "B") shall enter into a service contract as follows:

Outline of the business subject to service

1. Project name: Regional housing association; and

2. Project area: The Mapo-gu Seoul Metropolitan Government D Day; and

4. Contract amount: Two hundred million won (in n.e., 2,200,000,000) (VAT).

6. Contract term: Article 2 (Effect of Contract) (3) The contract shall be renewed in the name of the association which has obtained the authorization of establishment at the time of authorization for the establishment of the regional housing association without any condition that it shall be approved;

In addition, even if there is a disagreement between the president(C) and the president of the regional housing association at the time of the conclusion of this contract, the association shall succeed this contract at the same time as the association authorization is authorized.

Article 4 (Classification of Business Affairs) ① (A) The business and role of Gap is to solve all problems that limit the acquisition of ownership and exercise of ownership of this project site, b) the recruitment, management of association members, authorization for establishment, dissolution, etc. of association, and all business affairs related to the union.

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