logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.04.02 2013가합18234
추심금
Text

1. The part of selective claims based on creditor's subrogation right among the lawsuits in this case is dismissed.

2. The plaintiff's remaining selective.

Reasons

Basic Facts

In order to implement a housing reconstruction project with a scale of 22,886 square meters in Daegu-gu, Daegu-gu as a project implementation district (hereinafter “instant project”), the Defendant is a cooperative authorized by the head of Daegu-gu Office pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on February 11, 2010, and the B Apartment Housing Reconstruction Improvement Project Promotion Committee (hereinafter “Promotion Committee”) composed of around December 2004 is an organization organized to establish the Defendant pursuant to Article 13 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and obtained approval from the head of Daegu-gu Metropolitan City Office on October 9, 2006.

The Plaintiff’s wife E (hereinafter “the deceased”) decided to invest in the business entrusted with the reconstruction and design service rights, etc. of the instant project by the promotion committee at the recommendation of Nonparty F, who was the actual representative director of Nonparty F, the Plaintiff’s wife E (hereinafter “the deceased”) and participated as C’s director.

The Deceased paid KRW 620 million from March 24, 2005 to May 11, 2006 to Nonparty G, who was entrusted with the instant reconstruction project or design service right by the Defendant, under the pretext of investment, such as transfer of business rights.

C On December 21, 2005, the promotion committee and C were entrusted with all of the project implementation services of this case by the promotion committee, and leased the expenses incurred until the establishment of the association, and the promotion committee concluded a contract with C to recover the project expenses through the implementation services project, but the loan was contracted to collect the bid bond, etc. when selecting the construction company of this case.

However, in 207, the Plaintiff, who was transferred the right to the said investment deposit from the Deceased for a considerable period of time, requested the return of the investment deposit, such as filing a complaint with G on the charge of embezzlement of investment deposit.

In the process, on August 31, 2007, the Plaintiff drafted a written agreement and an agreement with G, F, Defendant’s representative H, Vice-Chairperson of the Promotion Committee, etc.

The promotion committee is from February 2007.

arrow