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(영문) 대구지방법원 2018.11.09 2017가합201600
추심금
Text

1. As to KRW 30,194,766 and KRW 211,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 330,194,766 from March 8, 2018 to November 9, 2018.

Reasons

1. Basic facts

A. According to the purport of “(tentative) C Housing Association Promotion Committee” or “B” as well as the witness witness D’s testimony and pleading, the Defendant appears to have succeeded to the rights and duties of the said Promotion Committee after the establishment of the Defendant. As such, the Defendant did not distinguish between the said Promotion Committee and the Defendant and the Defendant and “Defendant” on February 24, 2012. The Defendant’s agent contract concluded between the said Promotion Committee and the Defendant on February 24, 2012 (hereinafter “Nonindicted Company”).

) The business and B (hereinafter referred to as “instant business”)

(2) In relation to the agency contract of this case, the agency contract of this case (hereinafter referred to as “instant agency contract”) shall be

A) The Defendant entered into an agency contract. The Defendant shall select the Nonparty Company, an agent, as an agent, to implement the instant project under the name of the Defendant, and delegate all the authority necessary for the implementation of the said project, and the Nonparty Company, as agent, shall enter into this agency contract to ensure the successful completion of the said project by performing the said project on the basis of the good faith principle. Article 4 [the scope and duration of the agency business of the Association]

2. The scope of duties on behalf of the non-party company for the defendant is as follows, and in the case of duties necessary for the implementation of the project of this case, it is included in the scope of acting duties, regardless of whether or not the following is entered:

2) Various services contracts necessary for the recruitment and management of members (the securing and construction of a model housing site, advertisement, design, district unit, etc.) necessary for the recruitment of members;

(c) Affairs concerning the raising of business funds and execution of expenses;

(e) All business affairs related to the selection of a contractor and the conclusion, etc. of various construction contracts related to the instant project under Article 5 (Advance execution and succession of expenses) shall be performed.

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