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(영문) 수원지방법원 2015.12.03 2014나42148
비용상환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) evidence No. 2, 7, 8, and No. 1 and 3 were added to “A” column of No. 5 of the judgment of the court of first instance (which is the ground for recognition) and, except for addition of evidence No. 2, 7, 8, and No. 1 and 3 to “B” column of the judgment of the court of

2. Determination:

A. 1) Determination of the Plaintiff’s assertion regarding the claim for the instant service payment agreement was made on the part of the Plaintiff’s association that had the Plaintiff enter into the instant service agreement with the Suwon Engineering, and the service price therefrom was agreed that the association would be paid to the Plaintiff, and the association thereafter agreed to change the name of the Plaintiff among the project owners under the instant service agreement to the Defendant who obtained the authorization for the establishment of the association or the authorization for the establishment of the association. Therefore, the Defendant, who comprehensively succeeded to the rights and obligations of the tentative engineering, is obliged to pay the Plaintiff KRW 26,40,000, which was paid to the Plaintiff to the Plaintiff pursuant to the said agreement. 2) First of all, determination of whether the Defendant succeeded to the obligations of the tentative engineering, as to whether the tentative association was designated, and the urban development project was established at the place of residence of the Plaintiff. The Defendant, at the same time, applied for the establishment of the association and the establishment of the tentative pursuant to the articles of association for the 10th Urban Development Project Association’s overall title Zone No. 13.

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