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(영문) 광주고등법원(전주) 2020.04.09 2019나12317
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On July 4, 2011, the Defendant was dissolved on June 30, 201 as a regional housing association, which obtained the authorization of establishment, for the business of newly constructing and selling apartment units on two parcels, including Donsan-gu, Seoul Metropolitan City (hereinafter “instant business”).

The Plaintiff purchased the instant project site from the Jeonju City for the instant project as a corporation engaged in housing construction, commercial building rental, sales business, etc., but transferred the instant project to the Defendant due to the financial shortage, and became dissolved pursuant to Article 520-2(1) of the Commercial Act on December 3, 2018.

On the other hand, C Co., Ltd. (hereinafter “C”) is a corporation that is engaged in sales execution agency business.

B. On March 15, 2011, the Plaintiff and C entered into a contract with the Plaintiff and the Defendant with the first contractor for the instant project site: (a) the Plaintiff, as the first contractor for the instant project site, shall take charge of the approval of the use of land and the request for the postponement of the payment of the purchase price; and (b) C, as the overall business process and management of the instant project; and (c) C, to pay to the Plaintiff 1/2 of the profits accruing from the agency cost, etc. to be received from the regional housing association scheduled to be established (

(2) On March 23, 2011, the regional housing association (tentatively named)B before the Defendant obtained authorization for the establishment under the Housing Act delegated the overall tasks regarding the implementation of the instant project to C, and entered into an implementation agency contract to pay the service cost of KRW 3,840,000 in return, and thereafter, the Defendant succeeded to the status of the contractor.

C. As to the claim for service costs against the Defendant C of an attachment and assignment order on the claim for service costs, G is subject to an attachment and assignment order with the former Jeju District Court 2013TT477 on January 18, 2013; G is subject to an attachment and assignment order with the claim claim amounting to KRW 200,262,140 on January 25, 2013; H is subject to an attachment and assignment order with the claim amounting to KRW 80,190,140 on January 25, 2013, the same court 2013 as the claim amounting to KRW 80,190,140,

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