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(영문) 부산고등법원 2019.04.18 2018나56841
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by this court is the evidence additionally submitted by this court, and the defendant is insufficient to recognize the defendant's assertion that the defendant is not in the position of directly paying service costs to the plaintiff as an agent of the C Housing Association, and the defendant is not in the position of directly paying service costs to the plaintiff. The defendant's assertion is dismissed.

3.2

Except for the following parts, this part below shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance.

2. Parts to be dried;

B. The plaintiff filed a lawsuit seeking payment of KRW 874,100,000 against C Housing Association. However, the plaintiff's assertion that there is a ground to reduce the service cost of KRW 176 million in total since 32 households, from among the members of the plaintiff, were identified as disqualified members in the final verification process prior to the application for authorization to establish a partnership, and ② the plaintiff and C Housing Association agreed to increase the service cost of KRW 5 million on December 1, 2014 and to apply it retroactively to 582 members previously recruited by the plaintiff, but they agreed to apply it retroactively, in principle, on the fact that this retroactive application is excessive, the plaintiff received only KRW 449,90,00,00 and withdrawn the lawsuit, which is agreed to waive the remainder of the service cost of KRW 874,100,00,000 from the members of the housing Association. Accordingly, the plaintiff's assertion that the defendant did not have any ground to direct the establishment of the housing Association (the plaintiff's establishment of the housing association).

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