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(영문) 울산지방법원 2018.11.29 2017가합25617
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant (hereinafter "the defendant union") is the redevelopment and maintenance project association established to implement the housing redevelopment and rearrangement project (hereinafter "the instant rearrangement project") of Ulsan-gu D class under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the defendant union"), and the Eul Co., Ltd. (hereinafter "E") is a company that operates the urban rearrangement project, etc.

Article 4 (Amount of Services and Method of Payment) (1) The amount of services shall be 3,88,00,000 won (excluding value-added tax).

Provided, That the service amount shall be the settlement key by winning the service unit price (excluding KRW 8,656, value-added tax) per square meter on the total floor area for new construction after obtaining authorization for the final project implementation, and the settlement date shall be the balance date under paragraph (2).

(2) The timing and method for payment of the amount of services to be paid to "A (E)" to "B (E)" shall be as follows:

Provided, That the down payment shall not have the effect as an termination payment under Article 565 of the Civil Act.

1. Contract deposit: 20%;

2. The first intermediate payment: 20 percent;

3. The second part: 20 percent;

4. Three intermediate payments: 10 percent;

5. The fourth intermediate payment (Authorization for a management and disposal plan): 20%;

6. Balance (time the completion of the General Meeting of Dissolution of the Association): Article 5 (Lending and Repayment of Business Expenses) (1) “A” shall consult “B” with each other on the scale and timing of monthly operating expenses when requesting the lending of monthly operating expenses, and “A” shall submit documentary evidence related to the lending (written lending request, monetary loan contract, etc.) to “B”.

(2) The monthly rental period of operating expenses of the promotion committee shall be until the commencement works are selected.

(3) "A" shall reimburse "B" for the total amount of loans of "B" within 30 days from the time of funding in the construction project.

(4) Where "A" cancels or terminates a contract with "B", "A" shall reimburse debts from "B" at the time of the selection of a next-time company.

Article 9 (Prohibition of Transfer) (1) "A" and "B" shall be null and void.

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