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(영문) 서울중앙지방법원 2021.01.22 2018가합567995
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 11, 2015, the Defendant entered into a contract with C District District Housing Association Promotion Committee (hereinafter “instant Promotion Committee”) and D Co., Ltd. (hereinafter “D”) on behalf of proxy (hereinafter “instant contract”).

B. According to the instant contract, for the management of funds related to the instant project, the Defendant shall establish a contribution account, business promotion account, and application deposit account in the name of the Defendant, respectively, and shall perform the management of funds, such as sharing, business promotion expenses, and receipt, management, operation, and execution of application funds (Article 5 of the instant contract). Among them, the expenses for promoting the project are, in principle, executed when the number of union members recruited at least 20% of the number of union members recruited. If it is inevitably necessary before the establishment of the association, and the consent of the union members (applicants of the association) was obtained from the non-level cooperative members at the request of the association member with the letter of consent, only the expenses for promoting the project in the instant case or D’s funding execution (Article 9(3) of the instant contract). The Defendant may execute the project by proxy at the request of the Defendant at the order of priority in the execution of funds (Article 9(1)1 of the instant contract).

On May 4, 2016, the Plaintiff entered into a monetary consumption lending contract with D and E (hereinafter “the monetary consumption lending contract of this case”) on May 11, 2016, stipulating the due date for repayment as set by D and E, and lending KRW 2.4 billion to D and E (hereinafter “the monetary consumption lending contract of this case”) with the commission of the Plaintiff, D, etc.

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