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(영문) 서울서부지방법원 2019.04.05 2018가단207888
구상금
Text

1. The Defendant’s KRW 125,00,000 as well as 5% per annum from October 14, 2016 to December 21, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On May 22, 2008, Eunpyeong-gu Seoul (113,228С) was publicly announced as D on May 2, 2008, and a housing redevelopment project (hereinafter “instant housing redevelopment project”) was promoted after D’s name was changed to B.

B. The Plaintiff, E, F, G, and H as the owner of the above land, establishing a Committee for Promotion of the Establishment of the D Housing Redevelopment Project Cooperatives (hereinafter “Establishment Promotion Committee”) and is responsible for the chairman, F, Vice-Chairperson, G, auditor, and H respectively.

C. On November 26, 2008, the Establishment Promotion Committee of this case (hereinafter “I”) and the said Promotion Committee with respect to the housing redevelopment project of this case delegated the services to support all affairs, such as obtaining 1/2 or more written consent from the owners of the land, etc. so that the said Promotion Committee can constitute the Housing Redevelopment Project Promotion Committee with the approval of establishment from the Eunpyeong-gu Office, and preparing documents, etc. The service price was determined as KRW 550,00,000 (including value-added tax) and entered into an agency agreement for approval of establishment (hereinafter “instant service agreement”), and E including the Plaintiff, jointly and severally guaranteed the above service price liability.

I performed its duties from November 2008 to June 201, 2010 under the instant service contract, and thereafter, based on the result of performing the above service, the establishment promotion committee of this case obtained approval for establishment from the Eunpyeong-gu Office on March 15, 2012, and entered into an agency contract with I and J Co., Ltd. for rearrangement project management business.

E. On March 23, 2012, the Defendant Cooperative was established to promote the instant housing redevelopment project. Article 68 of the Articles of the Defendant Cooperative’s articles of association (Effect of Act of the Establishment Promotion Committee of Housing Redevelopment Improvement Project) provides that “Before the date of authorization for the establishment and implementation of the partnership, the public manager system prior to the approval of the Promotion Committee shall be prepared.

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