logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.07.09 2018가단214955
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established to carry out a new apartment construction project at the D Day of Kimpo-si.

On October 2016, the Plaintiff entered into a “A service contract for housing association and administrative affairs” with E (hereinafter referred to as “E”) around October 2016.

(hereinafter “instant service contract”). Although the committee for promotion of a regional housing association A entered into a contract, the Plaintiff succeeded to its status on December 2016.

The date stated in the contract is June 20, 2016.

(A) No. 1-1) Defendant C is the actual operator of E.

Details related to the payment of service costs in the service contract of this case shall be as specified in attached Form.

The Plaintiff paid the service cost at each stage of the project progress to E through the FF Co., Ltd. (hereinafter referred to as the “F”).

B. From November 29, 2016 to May 29, 2017, the Plaintiff paid a total of KRW 150,550,000 to E (from November 29, 2016 to May 29, 2017).

C. E borrowed KRW 500,000 from G Co., Ltd. (hereinafter “G”) on July 27, 2017, and transferred KRW 650,000,000 under the instant service agreement to secure this.

(hereinafter “Transfer of Claim”). Defendant B, as the president of the Plaintiff’s association, was the president of the Plaintiff’s association from November 11, 2016 to August 24, 2017.

On July 24, 2017, the Plaintiff’s seal was affixed to the letter of assignment of claims.

(hereinafter “this case’s assignment of claims”) D.

From August 1, 2017 (after the date of the assignment of claims above) to September 28, 2017, the Plaintiff paid a total of KRW 369,50 million to E.

E. On September 13, 2017, E notified the assignment of claims to F.

F suspended the payment of project costs on the ground that it is difficult for the other party to the payment of service costs in receipt of notice of assignment of claims.

F. On December 12, 2017, the Plaintiff and E agree on the instant service contract, and the Plaintiff shall pay KRW 530,000,000 to E as agreed money.

arrow