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(영문) 울산지방법원 2019.12.05 2018가합27054
기타(금전)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company running the housing construction business, etc., and the Defendants are members of the Cable-based District Housing Association (hereinafter “instant association”) established to promote the project of constructing apartment houses within the B B-gu in Ulsan-gu (hereinafter “instant apartment houses”).

B. On January 5, 2012, the Plaintiff entered into an agency contract (hereinafter “instant agency contract”) with the instant union on the condition that the Plaintiff will act on behalf of the said union (hereinafter “instant agency contract”) and vicariously performed the duties, such as filing an application for the establishment and alteration of the instant association, and filing an application for approval of the project plan, with the Ulsan-gu Office under the said contract.

C. On April 30, 2014, the Plaintiff filed a lawsuit with the Ulsan District Court 2014Gahap2859 against the instant cooperative. On November 24, 2016, the said court rendered a judgment that “The instant cooperative shall pay to the Plaintiff 2,937,00,000 won and 1,468,500 won among them, with the amount of KRW 1,468,500,000 from November 4, 2012; the remainder of KRW 1,468,50,000 from April 21, 2013 to November 24, 2016; and 15% interest per annum from the next day to the date of full payment.”

The Plaintiff and the instant association appealed against the above judgment as Busan High Court Decision 2016Na2994. On June 22, 2017, the Busan High Court rendered a judgment that “The Plaintiff shall order the Plaintiff to pay 2,355,289,166 won to the instant association and the amount calculated at the rate of 5% per annum from July 27, 2013 to June 22, 2017, and 15% per annum from the next day to the date of full payment, and the Plaintiff’s appeal and the instant association’s remaining appeal are dismissed,” and the said judgment was dismissed on November 9, 2017 (Supreme Court Decision 2017Da24557) and decided November 13, 2017.

On the other hand, the instant association on November 2, 2015, is the Defendants.

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