(영문) 광주고등법원(전주) 2015.04.30 2014나2889

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자간(%)

(영문) 광주고등법원(전주) 2015.04.30 2014나2889

약정금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. A fact-finding implementer: A.S. agent for defendant implementation: The duties to be performed under the implementation agency contract with the defendant by Article 3 (Scope of Business Affairs) of the apartment housing units 380 and incidental welfare facilities (it may be changed during the process of project approval) shall be as follows; and the defendant shall delegate his authority to A.S. agency for the implementation of the project in a prompt and smooth manner; and A.S. agency shall report to the defendant on the progress, execution, decision, etc. prior to or after the progress of the project, and obtain approval:

(1) The comprehensive project plan for the project of a regional housing association. (2) The preparation of the rules of a regional housing association and the holding of a general meeting, etc. to hold the project site. (4) The service cost under the instant vicarious execution contract shall be based on the number of designing households (the fixed number of households at the time of approval for the alteration of the project) at the time of formulating the project plan, and shall be paid as follows.

(1) The service cost under the instant agency contract for A.S. shall be KRW 3,040,000,000, based on the number of households planned (a approximately 380 households) and the amount to be paid by each household (eight million won), and the number of households determined as at the time approval for the project (change) shall be applied.

(2) Even if the number of households of the association members recruited prior to an application for authorization for the establishment of a partnership and approval for a project plan does not exceed the number of households at the time of approval for the project (change), the defendant shall pay the remaining number of households to the Essti, and the vicarious execution expenses due to the failure to recruit the association members shall be paid in advance from the defendant's project implementation expenses, and the vicarious execution expenses paid in advance after selling the remaining number of households after the invitation of association members

(3) The expenses for vicarious implementation of this Act shall be separately borne by the insured as follows:

유사 판례

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