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(영문) 부산지방법원 2018.08.23 2017가합45786
계약효력부존재 확인
Text

1. A consulting service contract concluded on July 30, 2015 between the Plaintiff and the Defendant has no effect.

Reasons

1. Basic facts

A. The Defendant is a company established with the primary purpose of real estate development consulting business, etc., and the Plaintiff is a regional housing association established with the authorization of the establishment of the housing association from the head of Busan Seo-gu on December 12, 2016, which was organized to promote a regional housing association project (hereinafter “instant project”).

(tentatively named A regional housing association and the Defendant shall be succeeded to the Plaintiff after the authorization for the establishment of the housing association. (hereinafter referred to as the “Plaintiff”)

On July 30, 2015, the Plaintiff entered into the instant service agreement with the Defendant to select the Defendant as the service provider for the implementation of the instant service agreement, and entered into a consulting service agreement for support of partnership affairs (hereinafter “instant service agreement”) with the Defendant, and the main contents thereof are as follows.

(The purpose of the instant service contract is to stipulate the responsibilities and obligations of Gap and Eul concerning all affairs related to "the instant project", including the composition of the committee, the recruitment of members, the preparation of the association members, the authorization of establishment, the design and supervision of apartment buildings (fire-fighting, communication, electricity supervision), the approval of the project plan, the selection of the time project and the selection of loan financial institutions, the authorization and permission related to the general sale, the recruitment of association members, the vicarious recruitment, the vicarious sale of association members, the vicarious sales agency, the tax accountant, the advertisement agency, and other services related to "the instant project" in relation to "the instant project".

Article 2 (Scope of Service Contracts)

1. Assistance in organizing an association and establishing an association. ① Assistance in preparing a promotion committee and operating rules - Assistance in preparing for the establishment and operation of a promotion committee - Rent and preparing for entry - planning, production and distribution of various advertising promotional materials - recruitment of necessary human resources, education and operation - consulting services for inviting union members;

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