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1. On May 30, 2019, Suwon District Court Osan District Court Decision 201Hu3477 decided May 30, 2019 against the Defendant’s Plaintiff.
Reasons
1. Basic facts A Housing Association Promotion Committee (hereinafter “Promotion Committee”) is an organization organized around December 2, 2012 for the purpose of establishing and selling a regional housing association under the Housing Act in order to promote the business of newly constructing and selling multi-family housing (hereinafter “instant business”) at the same time C in friendliness, and D (hereinafter “D”) is an agent of the Promotion Committee.
On December 4, 2012, the Defendant, who is engaged in the advertising agency business with the trade name of “E,” entered into an advertising agency contract with the Promotion Committee and the Promotion Committee to which the advertising business of the instant business is delegated (hereinafter “instant contract”).
On May 2013, a promotion committee began to recruit union members after constructing a model house, and on June 28, 2014, the committee held an inaugural general meeting of the Plaintiff Union and passed a resolution to elect the president of the association and the officers of the association and to establish the rules of the association. On February 17, 2015, the committee obtained authorization to establish a housing association with respect to the Plaintiff Union with the aim of promoting the instant project from the Sungsung market.
On August 3, 2015, the Plaintiff drafted with D an undertaking as follows (hereinafter “instant undertaking”).
The plaintiff should have paid D the construction cost of the Housing Public Relations Center (the completion of partnership succession), operating cost, housing public relations center's land rent, lease deposit, advertising publicity cost, etc., which the plaintiff invested funds in advance on behalf of the plaintiff. However, on May 31, 2015, the union's general meeting divided it into "sale cost budget" among "project cost budget" and obtained the approval of the expenditure from the members.
Therefore, the Plaintiff’s pre-paid budget falls under the items of “sale cost” among the “project cost budget”, (1) the land rent and lease deposit of the Housing Public Relations Center, (2) the advertising campaign cost, (3) the electricity fee, telecommunications fee, and cleaning service cost, etc.