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(영문) 울산지방법원 2016.11.24 2014가합2859
용역비
Text

1. As to KRW 2,937,00,000 and KRW 1,468,50,000 among the Plaintiff, the Defendant shall start on November 4, 2012, and the remainder 1,468.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company operating the housing construction business, etc., and the Defendant is a partnership established to promote local housing projects in Ulsan-gu, Ulsan-gu.

B. On October 201, C, which practically operated the Plaintiff upon entering into a service agency contract, was introduced from around 2006 to D, which was the chairman of the promotion committee for the establishment of the Defendant Housing Association (hereinafter “promotion committee”) in the region of B, and acquired the Plaintiff’s business right in the name of F in KRW 3,200,000,00.

C Around the time of taking over F’s business rights, D and the Plaintiff made an oral agreement with F to act on behalf of the Defendant Union and continued to work such as recruitment of union members and preparation of inaugural general meeting.

C. 1) On March 15, 2012, the committee of promoters held an inaugural general meeting of the Defendant Cooperative and appointed G as the head of the association, D as the managing director, and the Plaintiff as an agent. 2) A inaugural general meeting of promoters set the expenses incidental to the project implementation budget of the Defendant Cooperative as KRW 6,200,000,00, among the expenses for the project implementation of the Defendant Cooperative. The expenses incidental thereto consist of trust fees, occupancy management expenses, partnership operation expenses, and other reserve funds, including the “project agency fees” which are the expenses to be received by the Plaintiff.

3) A total of KRW 6,200,000,000 for the items of these incidental expenses and incidental expenses are based on the revenue and expenditure table agreed upon by C and D before the inaugural general meeting. Of them, the service cost to be received by the Plaintiff was the total of KRW 4,750,00,000 for each household (= KRW 5,000,000 for each household x total of KRW 950 households around February 2, 2012, the total number of apartment units promoted for the construction of the Defendant Cooperative was 950 households. From April 2012, it was finally finalized to 890 households.

D. D.

The main contents of the service contract executed on June 29, 2012 in the name of the plaintiff and the defendant association are the contents of the service contract executed on January 5, 2012.

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