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(영문) 부산지방법원 동부지원 2018.04.06 2017가합101170
수급인지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a company established for construction business and housing business, etc., and the defendant is a housing reconstruction and improvement project association established for the purpose of housing reconstruction improvement project B under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. On May 1, 2014, the Defendant, who entered into a contract, selected the Plaintiff as the contractor by holding an ordinary general meeting, and entered into a contract on May 20, 2014 with the Plaintiff, which includes the following (hereinafter “instant contract”).

Article 4 (Method of Implementation of Projects) Relocation Expenses for Party A (Defendant; hereinafter the same shall apply) shall be procured by Party A by directly concluding a loan agreement with a financial institution, and Party A's project promotion expenses shall be raised with Party A's PF, ABS, and ABCP issuance funds.

However, in the case of business promotion expenses, Eul (the plaintiff, the same shall apply hereinafter) may directly lend it to Gap, and in this case, Eul shall repay it with the loans of financial institutions at the time of lending funds from financial institutions.

Article 15 (Lending of Project Promotion Expenses) The project promotion expenses under this Agreement are as follows, and A shall raise the following project promotion expenses through direct loans from financial institutions, but in extenuating circumstances, B may lend them to A in accordance with separate lending terms agreed upon with A:

1. Financial expenses for moving expenses;

2. Operating expenses of the association;

4. Expenses for general meetings;

5. Design service charges;

6. Supervision fees;

7.The cost of the maintenance enterprise services 10. Legal/tax-free services 24. Other services 24. The essential cost for the promotion of the project and the cost for the promotion of the project under Paragraph 1, which the Union requests to lend, shall be raised through a financial institution. In this case, the scale, time, and financial institution shall make a decision in consultation with A.

1.Paragraphs 1 through 1.

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