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1. Of the instant lawsuit, the Jeonju District Court BH dividend procedure case was prepared on April 30, 2018 by the same court.
Reasons
1. Basic facts
A. The Plaintiff’s construction cost claim 1) On November 11, 2014, the Plaintiff is the promotion committee of the BI Regional Housing Association (hereinafter “instant promotion committee”).
2) As to the construction cost of this case (hereinafter “construction cost of this case”)
(1) A contract for a new construction project of model housing (excluding value-added tax) in KRW 1.3 billion, completed the construction project on December 5, 2014, and as a result, the instant promotion committee’s right to the construction cost claim equivalent to the said money (hereinafter “instant construction cost claim”).
(2) On March 21, 2014, BJ Co., Ltd. (hereinafter “BJ”) concluded a loan management agency contract (hereinafter “instant agency contract”) with the content that BJ will receive and manage the expenses for joining the association, etc. received from members of the instant promotion committee in its name. BJ paid KRW 300 million and KRW 100 million to the Plaintiff, based on the instant agency contract, on December 30, 2014 and January 15, 2015 based on the instant agency contract.
3) On January 2016, the instant promotion committee paid KRW 20 million to the Plaintiff as part of the instant construction cost. (b) The Plaintiff did not pay the remainder of the construction cost by the promotion committee of this case, including provisional seizure against the Plaintiff’s claim. As to the claim for refund of deposit to BJ under the instant agency contract, the promotion committee of this case was issued with Suwon District Court Decision 2016Kadan10497 on August 8, 2016, with the amount of KRW 1 billion in the balance of the instant construction cost claim (= KRW 1.3 billion in value-added 1.3 billion in value-added 1.3 billion in value-added 1.3 billion in value-added 1.1 billion in value-added 30 million in value-added 1.3 billion in value-added 1.6 billion in value-added 1. The instant provisional seizure order was served on B on August 18, 2016.
2. On April 12, 2017, the Plaintiff filed the instant promotion committee with the Suwon District Court No. 2017 tea857.