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(영문) 광주지방법원순천지원 2016.04.07 2015가합12803
대여금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants are those participating as promoters of the M Apartment District Housing Association (hereinafter “instant Housing Association”) established to promote housing development projects that reconstruct 10 apartments with the size of 25 stories above the ground and 25 stories above the ground on L when leisure water (hereinafter “instant housing development projects”).

B. On February 22, 2013, the Plaintiff entered into an executing agency contract with A, the president of the instant housing association, to vicariously perform duties, etc. necessary for the instant housing development project and to lend operating expenses, etc. necessary for the promotion of the instant housing development project (hereinafter “instant executing agency contract”). The main contents are as follows.

Article 1 [Purpose] The purpose of this Agreement is to provide for the status, rights, obligations, etc. of “A” and “B (Plaintiff Company)” (hereinafter referred to as “service duties”) with respect to the execution of the M apartment regional housing association development project and the feasibility review thereof (hereinafter referred to as “service duties”) in the south of Korea.

Article 4 [Scope and Period of Agency Business of Cooperative)

1. “B” shall assist “A” with respect to the following duties and act on behalf of others:

(1)(2)The examination of the feasibility of the project (3) the examination of the project (detailed item omitted; hereinafter the same shall apply); (4) the examination of the design services agreement and the terms and conditions of the project; (5) the examination of the project operation of the inaugural general meeting (6) the operation of the association; (7) the various meetings operations of the association; and (8) the selection of the project execution company; (9) the registration of the trust; (11) the affairs related to the registration of the project plan (10); (11) the affairs related to the registration of the trust; (14) the affairs related to the settlement of the lawsuit; (15) the affairs related to the settlement of the association (16) the affairs related to the settlement of the association (17) the inspection of the status of the land (13);

1. The term “B” shall lend the operating expenses, business promotion expenses, and other funds of “A” to the extent necessary for the implementation of this case.

§ 9.

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