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(영문) 서울중앙지방법원 2016.05.20 2015가합26332
추심금
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 C Regional Housing Association Promotion Committee (hereinafter “DD Committee”) refers to the following tasks: (a) the so-called promotion committee is the delegated person, the defendant (A), the delegated person (B), and the company (B) provide consultation, PM redevelopment, and the re-building process between the defendant and his/her Green Cross on October 30, 2013 in the process of promoting new apartment construction projects in the Jeju City D D.

The non-party promotion committee delegated all financial management to the defendant, and entered into a contract of fund management agency (hereinafter referred to as the "contract of this case") with the content that sets the roles of each person.

The relevant contents of the instant case are as follows.

【Consultation and PM on June 12, 2014, Co., Ltd. (hereinafter “FD Development”)

(iii)Article 3 [Definition of Terms]

5. The term "business promotion expenses" means the amount paid by members (including subscribers) separately from the cooperative members' contributions to perform all the business affairs of the cooperative;

7. The term "fund management account" means an account opened in the name of B and managed by B for the fund management of the project in the name of B, such as subscription money, contributions to cooperative members, and business promotion expenses;

8. The term "fund management" means the general term "management of subscription money paid by applicants, such as refund, conversion of contract deposit, etc. at the time of receipt, keeping, and termination of subscription money which he/she performs upon entrustment from Gap, management of indirect official business expenses paid by members (including subscribers) and receipt of charges by union members and charges, and execution of project expenses, such as land expenses and construction expenses, at the request of Gap and Byung;

Article 4 (Roles of Contracting Parties)

3. Roles and duties of a soldier;

(a)to assist Party A in carrying out this project, such as a purchase contract for the project site, authorization and permission (including modification), establishment and operation of model houses, and the invitation and management of its members;

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