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(영문) 대구지방법원서부지원 2019.12.19 2018가합53362
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C (the trade name was changed to E Co., Ltd. on September 19, 2007 and November 30, 2017; hereinafter collectively referred to as “D”) is a corporation engaged in reconstruction, redevelopment consulting business, etc., and B district housing redevelopment and consolidation project promotion committee (hereinafter referred to as “instant promotion committee”) is a corporation organized for the purpose of establishing an association to build new collective housing, etc. (hereinafter referred to as “instant project”).

Article 2 (Status between Parties) (1) A (referring to the Promotion Committee of this case) shall entrust B (referring to D) with the services of Article 3, and B shall faithfully perform the services entrusted by A.

Article 3 (Scope of Services) (4) Affairs entrusted by A to B shall be as follows:

1. Vicarious execution of affairs concerning consent to establish an association and to consent to rearrangement projects;

2. An agency for affairs concerning application for authorization to establish an association;

3. Review on feasibility and preparation of an implementation plan for a rearrangement project;

4. Vicarious execution concerning the business to select the designer and work executor;

5. Vicarious execution of affairs concerning application for authorization for project implementation;

6. Vicarious execution concerning the formulation of plans for parcelling-out and management and disposal;

7. Review of design documents and specifications and review of details of changes in construction cost;

8. Of the business affairs of a cooperative, the amount of services specialized in rearrangement project management shall be the contract amount under paragraph (4) of this Article [referring to approximately 18,498.40 square meters in total floor area of new construction, and KRW 47,000 in total floor area per unit, respectively].

When applying for the designation of 20% of the total contract amount at the time of concluding the contract deposit, 20% of the total contract amount at the time of applying for the designation of the first intermediate payment district, 20% of the total contract amount at the time of applying for the authorization for the establishment of the second intermediate payment, the contract amount shall be applied for the approval for the management and disposal

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