Text
The plaintiff's claim is dismissed.
Of the costs of lawsuit, the part relating to the intervention by the Plaintiff’s Intervenor is the remainder.
Reasons
Basic Facts
A. The Defendant is an organization established for the purpose of promoting the new construction of apartment units in Mapo-gu Seoul Metropolitan Government D D (hereinafter “instant project”).
Co., Ltd. E (hereinafter referred to as “E”) is a corporation engaged in real estate development, consulting, construction business, etc.
Article 2 (Status between Parties) (4) For smooth promotion of the project as an agent of the project, E shall procure the initial project cost by using the loan to the defendant as a loan to the defendant, and directly execute the project cost and indirect business expenses under the responsibility of E.
Article 3 (Roles of Defendant) (7) When a trust company enters into a fund agency agreement with a trust company on the initial project cost invested in the E’s expense, the Defendant shall settle the project with the top priority when executing the project cost.
10.(E's roles) 20. Affairs related to the selection of various outsourcing companies and contracting for the completion of the project; 20. Affairs related to the recruitment of partners, advertising agency services, new construction of housing public relations centers, development of products, design of engineering services, designation of outsourcing service companies related to financial consulting services, delegation of contracts, and supervision of the performance of services by the selected outsourcing service companies; 2. The Defendant's project expenses (such as expenses incurred in the sale of goods, such as financial expenses, advertising expenses, and installation of public relations centers, expenses incurred in the operation of the association, and other expenses incurred in the holding of the general assembly, etc.) arising in the course of the performance of the project, shall be settled and paid to E, and shall not be included in the E's agency expenses.
Article 9 (Time for Payment of Price for Vicarious Execution of Business) (1) The time for payment of the cooperative agency expenses shall be governed by the terms and conditions of the contract
(2) The timing and method of payment of cooperative agency expenses shall be specified in the "contract for fund management agency business" entered into by the defendant, E, and trust company, and shall be executed in accordance with the provisions of this contract at the time of disbursement of future project expenses
(3) Secession from and new admission to a cooperative.