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(영문) 대구지방법원 2020.12.11 2017가합202597
대여금 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of redevelopment, rebuilding consulting, agency, and specialized urban maintenance business.

B. The Defendant is the Housing Reconstruction and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Project”) established for the purpose of B apartment reconstruction improvement project implemented outside Daegu Northern-gu C (hereinafter “instant rearrangement project”) and completed the registration of incorporation on January 16, 2006.

C. On November 27, 2013, the Plaintiff entered into a contract on the execution of the instant improvement project with the Defendant (hereinafter “instant implementation agency contract”).

Article 6 subparag. 10 of the enforcement agency contract of this case provides that "the operating expenses of the association and the loan business of the business fund" shall be the scope of the plaintiff's business, and Article 14(2) provides that "D, which was conducted by proxy from 2006 to April 2007, shall be dealt with by the plaintiff at the general meeting of the association (the amount deposited in the corporate account of the association) at the time of termination of the contract."

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiff's assertion

A. On October 24, 2008, the Defendant entered into an implementation agency contract with D Co., Ltd. (hereinafter “D”) for the instant rearrangement project, but this contract was terminated on October 24, 2008, and the Plaintiff acquired all rights to the project expenses already invested before D’s termination of the contract through the instant implementation agency contract.

B. From May 13, 2005 to March 14, 2015, D and the Plaintiff leased the Defendant totaling KRW 832,94,750 (i.e., project cost of KRW 570,638,750 (=262,306,00) as project cost and operating cost of KRW 570,638,750).

C. On August 20, 2016, the Defendant held an extraordinary general meeting and resolved to reverse the instant implementation agency contract on the ground that the Plaintiff was an enterprise not registered in the Daegu Metropolitan City, and unilaterally passed a resolution on the reversal of the instant implementation agency contract to the Plaintiff and the persons related to the instant improvement project.

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