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(영문) 대구지방법원 서부지원 2018.12.20 2017가합52683
대여금
Text

1. The Defendant’s KRW 229,620,645 for the Plaintiff and KRW 6% per annum from July 1, 2017 to December 20, 2018.

Reasons

1. Basic facts

A. The Plaintiff as the parties is a company running a rearrangement project management business under Article 69 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12738, Jun. 3, 2014; hereinafter “Urban Improvement Act”). The Defendant Cooperative is a housing reconstruction project partnership that obtained authorization of establishment on August 14, 2008 and completed the registration of incorporation on August 20, 2008 in order to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”).

B. On July 15, 2005, the promotion committee for the establishment of the B Apartment Reconstruction Project Association, a telegraphic body of the Defendant Union, for the conclusion and termination of the service contract between the E Co., Ltd. (hereinafter “E”) and the Defendant Union, established the total floor area of the contract unit price with E as KRW 32,00,000, and implemented the instant rearrangement project by concluding the reconstruction project agency service contract

On the other hand, the defendant union held an inaugural general meeting on December 14, 2007 and completed the establishment registration on August 20, 2008 with the approval of the establishment of the association on August 14, 2008.

On April 19, 2014, the Defendant Union terminated the service contract with E on the grounds that the headquarters of E was transferred from the extraordinary general meeting (the Plaintiff representative G at that time) to Seoul and the business support was difficult due to deterioration of management, etc., and passed a resolution on the contents of the selection as the contractor construction.

C. On July 30, 2014, the Plaintiff and the Defendant Union concluded a service contract with the Defendant Union (hereinafter “instant service contract”) on August 6, 2014, at the general meeting of the Defendant Union, selected as a specialized management businessman, and entered into a contract with the Defendant Union (hereinafter “instant service contract”). The main contents are as follows:

B apartment house reconstruction and rearrangement project service contract

3. Contract term: From the contract date to the dissolution of the partnership;

4. Total amount of service amount: New housing reconstruction separately for value-added tax of 3.3 square meters (Won 34,000 won).

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