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(영문) 서울중앙지방법원 2018.06.15 2017가합545851
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. Upon the consent of D and upon the request of the committee of promotion of this case, the defendant will execute the contract in accordance with the service agreement entered into between D and D, and the defendant may execute the essential project cost on the sole request of D.

except that the time of enforcement shall be subject to paragraph 5 of this Article.

(5) An agency fee may be executed in D at the request of the promotion committee of this case and D after obtaining authorization for the establishment of an association, and, prior to the authorization for the establishment of an association, only the agency fee of the association members for which the confirmation under paragraph (6) has been requested may be executed as follows when recruiting association members at least 20% of the total scheduled number of households:

1. Payment by proxy of the project cost under Article 13 (4) of the Act (including its own funds executed by D as an essential project cost);

2. Payment of agency service charges prior to authorization for the establishment of an association can be executed only to the following extent:

It is recognized that the agency fee paid by the member who was requisitioned with the statement of fund execution * the recruitment rate of X union members * the recruitment rate of union members 50%, and the recruitment rate is 50% prior to the establishment of the association, and the agency fee is not refunded.

Therefore, it is promising that no objection will be raised to the fund management trust in connection with the execution of agency fees.

6. In relation to Paragraph 5, the instant promotion committee shall collect a separate certificate stating the following matters at the time of recruiting its members and submit it to the defendant at the time of requesting the execution of funds:

Article 13 (Management of Admission and Withdrawal of Contributions by Members) (4) Members' contributions deposited in the account for contributions of members shall be used only for the following items:

5. The repayment of principal funds (including loans) already executed by D as the essential project expenses of the instant project, including various service expenses, such as design and supervision expenses, advertising promotion expenses, and membership recruitment service fees; 10. D The repayment of principal funds (including loans) and the repayment of business expenses paid as agency fees: Provided, That after the application for authorization for the establishment of an association is received;

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