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(영문) 서울중앙지방법원 2020.05.29 2018가합582628
손해배상(기)
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. Status 1 of the Parties is the KR District Housing Association (KS District Housing Association before the modification, hereinafter “instant Association”).

) The project implementation district (hereinafter referred to as the “instant project district”) shall include the project implementation district (hereinafter referred to as the “instant project district”).

(B) a housing construction project that newly constructs apartment units (hereinafter referred to as “the instant development project”)

(2) On May 27, 2007, the head of Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Dongjak-gu") is the head of Dongjak-gu.

2) A regional housing association under the Housing Act which obtained authorization to establish a housing association from the Plaintiff is a company established for the purpose of rearrangement project specialized service business, real estate service business, etc., and the Defendant is a person who served as the representative director of the KU from March 14, 2012 to June 21, 2012.

B. 1) KU entered into a service contract for the instant development project on December 31, 2009 (hereinafter “instant agency service contract”) with the effect that the instant association and the KU vicariously carry out the instant development project on behalf of the instant association with respect to the execution of the instant development project (hereinafter “instant agency service contract”).

A) The provisions relevant to this case in the instant agency service contract are as follows. A: The instant association, and B: KU Article 2 (B’s agency service scope) of the KU (A’s agency service scope) shall carry out on behalf of A and implement on behalf of B all the affairs under the name of A, as shown below, in connection with the implementation and liquidation of the instant association:

1. Vicarious execution of business affairs including the rental and administrative affairs of an association;

2. Management of members;

3. Vicarious execution of affairs concerning the collection and management of contributions for cooperative members, including additional charges determined at a general meeting, charges on each floor, etc.;

8. Intervention and consultation by external experts with respect to Acts, accounting, taxes, and other necessary matters concerning the business of unions, and support for various litigation affairs by proxy;

1. All the affairs conducted by Eul shall be governed by the union rules and relevant Acts and subordinate statutes.

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