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1. It is confirmed that Defendant B is not in the Plaintiff’s administrative service agent status.
2. The plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a business entity that promoted a regional housing establishment project (hereinafter “instant project”) in Chuncheon-si D, and the Defendants are the companies that entered into an administrative service contract in sequence with the Plaintiff.
B. On November 24, 2015, the Plaintiff and B (hereinafter “Defendant B”) performed the role of preparing all documents to obtain authorization for the establishment of a regional housing association under Article 32, etc. of the Housing Act. Defendant B entered into an administrative service contract with the main contents that, as an administrative service agent executing the Plaintiff’s project implementation as an agent, the Plaintiff shall perform the Plaintiff’s business, such as the authorization for the establishment of the association and the designation of various service companies and the conclusion of contracts, etc., on behalf of the Plaintiff. On May 26, 2016, the Plaintiff decided to select the Defendant B as an administrative service agent at the Plaintiff’s inaugural general meeting.
C. On December 15, 2015, the Plaintiff and Defendant B entered into a so-called PM management contract with E Co., Ltd. (hereinafter “E”) to the effect that the purpose of joining the instant project is to enter into a fund management agency agreement on the cooperative members’ charges and business promotion expenses, and that “F shall provide advice on the public relations and overall business of the subject matter of the instant project in connection with the recruitment of union members” with F Co., Ltd. (hereinafter “F”).
However, there was a dispute between F and Defendant B relating to the payment of contract fees, etc., and F applied for provisional attachment of the management fund claim claim against Defendant B, which Defendant B had against Defendant B, in order to preserve the claim such as contract fees against Defendant B, and the F was issued a provisional attachment order around June 17, 2016.
E. The above disputes and the provisional seizure decision, etc. made it difficult for Defendant B to perform administrative services according to the contract with the Plaintiff, and Defendant B on the part of the Plaintiff.