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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. The Defendant entered into a basic contract by proxy for the implementation of the instant urban development project by the original Defendant (hereinafter “instant contract”) (hereinafter “instant contract”) with one project implementation district consisting of a large amount of Gu office C as a project implementation district, thereby promoting land utility and having a pleasant residential environment and urban functions by maintaining and installing public facilities in the said project implementation district (hereinafter “instant project”).
(2) On January 15, 2009, the Defendant entered into the instant contract with the Plaintiff to efficiently carry out the instant project, and its main contents are as follows.
The Defendant (the president of the Association; H; hereinafter referred to as the “A”) and the Plaintiff (the Plaintiff’s representative or joint representative director appointed by the Plaintiff; hereinafter referred to as “B”) who will act on behalf of the Defendant for the project in this case, provide for the details of the sharing performance, rights, and obligations under each of the following subparagraphs for the safe and smooth achievement of the objectives of the project, and faithfully perform them on the basis of mutual understanding and good faith.
However, if a corporation is established, the "B" of the contract of this case shall be jointly and severally succeeded by the corporation.
Article 6 (Division of Work) A and B shall first share and promote the following main affairs, and each other shall be subdivided and shared later while promoting mutual assistance:
1. Main duties of Gap (Intermediate omission);
2. Main duties of Eul (Intermediate omission);
(d) Article 7 (Raising and Repayment of Project Costs) (3) of the Act on the Development of Urban Development, Etc., and other relevant Acts and subordinate statutes, such as the Urban Development Act, and the articles of incorporation of the Association and the regulations on the implementation of the Act.