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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant A apartment remodeling housing association (hereinafter “Defendant association”) is a housing association established with members of the persons who consent to the remodeling among the apartment owners for the purpose of the remodeling project of Yangcheon-gu Seoul Metropolitan Government and A apartment located in D (hereinafter “instant project”). Defendant B was elected at the general meeting of the Defendant association on May 15, 201 and obtained the authorization of the representative’s modification from the head of Yangcheon-gu Office on June 11, 2010.
B. On November 3, 2008, the Defendant Union entered into a design service contract with Nadong Certified architect office with a service cost of KRW 795 million for the instant project, and obtained conditional approval from the Yangcheon-gu Construction Deliberation Committee on the basis of design drawings received from the above construction office around February 2009.
C. Around July 6, 2013, the Plaintiff held the instant project explanation meeting for Defendant Mutual Aid Association members, etc.
On April 23, 2014, the Plaintiff entered into a basic design service contract for the instant project (hereinafter “instant design service contract”) with Defendant B, as shown in attached Form A No. 1.
However, according to the rules of the Defendant Union, “a contract to become a partner, other than the matters prescribed in the budget,” or “the selection and change of a work executor or designer, and the conclusion of a contract” are determined by the resolution of the general meeting (see Articles 13 and 21 subparag. 5 and 6). However, at the time of concluding the instant design service contract, the Defendant association did not undergo a resolution at the general meeting of the
E. On April 17, 2015, the Plaintiff sent a written claim claiming service cost of KRW 80 million under the instant design service agreement to the Defendant Union as content certification.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 10, Eul evidence Nos. 1 to 4, and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The plaintiff's assertion is against the primary defendant.