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(영문) 서울동부지방법원 2021.02.18 2020가단115164
양수금 이행의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company whose business purpose is the construction business, etc., and the Defendant is dissolved by a resolution of the general meeting on November 24, 2018 in order to remove existing buildings on the Seo-gu, Seo-gu, Gwangju and six parcels of land and to carry out a new business of constructing new apartments (hereinafter “the instant reconstruction business”).

B. On March 5, 2012, D Co., Ltd. (hereinafter “D”) entered into a contract for specialized management of the instant reconstruction project with the Defendant (hereinafter “instant service contract”) including the following terms and conditions in relation to the instant reconstruction project (hereinafter “instant contract”). Article 4 (Scope of Maintenance Business Services) (D) of the terms and conditions of the contract for specialized management of the reconstruction project of apartment houses (hereinafter “instant contract”). The scope of the maintenance project services to be performed under Article 4 (2) (D) of the terms and conditions of the contract for specialized management of the reconstruction project of apartment houses) is limited to the basic duties specified in paragraph (2) and the additional duties

(c) B shall directly perform the following services in connection with this contract, provide advice and support to all business affairs related to A’s reconstruction project, and (hereinafter omitted) provide rearrangement project services:

(a) Support for and consultation on all the affairs for a smooth progress of reconstruction and improvement projects from the commencement date of business to the completion date of liquidation of the partnership;

(b) Support for and consultation on emigration-related affairs;

(c) Support for and consultation on business affairs for successful completion of the sale by units and the sale by units in general;

(d) Support for and consultation on transfer and public announcement;

(e) Supporting and advising on business activities related to occupancy;

(f) Support for and consultation on the preparation of data, such as meetings of the representative, the board of directors, and general meetings, and business affairs;

(g) Article 8 (Method of Non-Payment of Services) (1) With respect to other rearrangement project services excluded from the provision of support, A shall pay to B the service costs in the following manner:

1. Amount paid: 4,457,000 won;

2. Time and minutes of payment;

(a) Payment at the time of concluding a contract: 30 percent of the contract amount;

(b)at the time of the Assembly’s consent to the contract (not): 60% of the contract amount;

(c) payments at the time of completion of the liquidation of the partnership.

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