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(영문) 서울고등법원 2018.05.17 2017나2060995
대여금
Text

1. The plaintiff's appeal against the defendant is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. The defendant is a housing redevelopment improvement project partnership established on May 15, 2007 with the approval of establishment on May 7, 2007 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the plaintiff is a corporation running a rearrangement project management business under the Urban Improvement Act.

Article 4 (Scope of Services for Rearrangement Projects) (1) B shall perform the following services in connection with this contract directly or provide advice and support to rearrangement projects performed by Gap (Defendant), and the preparation and processing of documents related to the services for such rearrangement projects shall be governed by relevant Acts and subordinate statutes, such as the Urban Improvement Act, and the articles of association, and relevant regulations:

2. Affairs related to authorization for project implementation;

6. Other businesses.

(a) Holding, supporting and advising various meetings;

(b) Support for the selection of various collaborative companies and consultation (loan and repayment of loans) (1) A may request a cooperative to lend operating expenses incurred in relation to the progress of its business;

The period shall be up to six months until the selection of the contractor and the conclusion of the contract, and it shall be up to six months.

(2) A shall immediately repay in cash the amount loaned from B when selecting a contractor and concluding a contract.

(3) Where this contract is rescinded or terminated before the selection of a contractor and the conclusion of a contract, A shall immediately return the loan to B.

Article 8 (Amount of Services and Terms of Payment) (10% of the total amount of services shall be paid to B from the total amount of services to the following ratio: 10% of the total amount of services when the general meeting is authorized to approve the management and disposal plan at 20% when the general meeting is approved to formulate the management and disposal plan at 10% when the general meeting is approved to formulate the management and disposal plan at 20% when the 10% project implementer is selected and the contract is concluded to implement the project:

(2) The cost of rearrangement project services that A pays to B shall be paid by Party B at the request of Party B according to the service schedule by phase referred to in paragraph (1), and Party A shall be paid within 14 days, and Party A shall have a justifiable reason.

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