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(영문) 대전지방법원 2018.02.08 2015가단43254
지불각서지급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2009, the Plaintiff entered into a service contract with a management entity specialized in improvement projects for rearrangement projects of a named D housing redevelopment promotion committee (hereinafter “tentatively named promotion committee”) to perform the management services for rearrangement projects in the E-area.

B. On August 3, 2009, the Seoul Special Metropolitan City designated F as a public management model zone and converted the form of the promotion committee into a public management model, the promotion committee demanded the conversion of the management services for the rearrangement project into the management services related to the election of executive officers. Accordingly, the Plaintiff performed the services of overall management of the Defendant’s election campaign-related affairs with C who was the candidate for the preliminary promotion chairperson and the preliminary audit candidate.

C. From the “G Reserve Promotion Committee’s Executive Election” that was implemented on January 23, 2010, C was elected as a preliminary president, the Defendant was elected as a preliminary auditor, and the Defendant, C, and H were the main axis and constituted a preliminary partnership establishment promotion subcommittee.

From March 2010, the Plaintiff sought consent to establish a promotion committee from the owners of the land in the project area, etc., and the head of Yongsan-gu was approved to establish the promotion committee on June 15, 2010.

On September 29, 2010, the Plaintiff entered into a contract for maintenance business management services to perform the duties of the said association establishment promotion committee and the promotion committee.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 10 (including each number), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion: (a) the Plaintiff claimed service costs for the service duties performed as above to the tentative name promotion committee; (b) the executives of the tentative name promotion committee demanded a document pertaining to the payment of service costs jointly signed as an individual qualification; and (c) around June 2010, the Defendant and C demanded the establishment of the association promotion committee performed by the Plaintiff and the preliminary officer election-related expenses (all expenses, including external personnel input expenses, planning expenses, etc.).

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