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(영문) 서울서부지방법원 2018.11.07 2018가합34872
약정금
Text

1. The Defendant’s KRW 724,676,274 as well as 6% per annum from June 16, 2018 to November 7, 2018 to the Plaintiff.

Reasons

Facts of recognition

The Defendant is a company established for the purpose of rebuilding and redevelopment consulting business, and CHousing Redevelopment and Improvement Project Association (hereinafter “instant partnership”) is a Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on October 13, 2010 for the purpose of redevelopment (hereinafter “instant rearrangement project”).

On February 20, 2008, the Defendant entered into a specialized management service contract with the Promotion Committee for the Establishment of the instant partnership (hereinafter “Promotion Committee”). The Defendant: (a) performed various documents necessary for the instant rearrangement project; (b) performed the business activities necessary for the instant rearrangement project; and (c) lent the project activities expenses necessary for the rearrangement project; and (d) paid the service expenses of KRW 9,000,000 per square meter of the building area in return for such activities

(hereinafter “instant service contract”). Under the instant service contract, the Defendant lent KRW 17330,000 to the instant promotion committee on seven occasions from February 21, 2008 to January 22, 2009, as the project cost, KRW 17330,000 to the instant promotion committee.

On September 18, 2009, the defendant made an agreement that the defendant lent the project promotion expenses on behalf of the plaintiff, E, plaintiff, and E to divide the service expenses that the defendant would receive in accordance with the instant service contract in proportion to the ratio of 50%, 30%, 20%, and 20%.

(hereinafter “instant agreement”). Under the instant agreement, the Plaintiff, Defendant, and E opened the F Association Account under the name of the Defendant (hereinafter “instant account”) (the Plaintiff, Defendant, and E’s seal impressions on the account) to receive service charges through the instant account.

On December 10, 2009, the instant promotion committee agreed to the instant agreement and agreed to pay the service cost to the instant account.

In accordance with the instant agreement, the Plaintiff: (a) 12 times from September 14, 2009 to January 31, 201; and (b) E, from September 24, 2009 to January 12, 201, respectively.

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