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(영문) 서울동부지방법원 2014.12.05 2014나2831
채무부존재확인
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. The Defendant is a corporation established under Article 29 of the Act on the Structural Improvement of Agricultural Cooperatives to efficiently support the prevention of insolvency and the improvement of management of agricultural cooperatives, etc. (in order to register and correct it as “agricultural cooperative asset management corporation,” due to an error at the time of its establishment, the said corporation was dissolved after the organizational change of the Defendant on June 27, 201, and the said Defendant was established on the same day; hereinafter the same shall apply). Pursuant to Article 30 of the same Act, the Defendant performs the duties of purchasing and selling non-performing assets of agricultural cooperatives, etc., and accepting credit investigation and credit inquiry and credit evaluation from the agricultural cooperatives,

B. On February 1, 2011, the Plaintiff entered into a lease investigation delegation contract (hereinafter “instant contract”) with the Defendant and entered the Defendant company with the following terms and conditions, and performed the duties of lease investigation, etc. from February 7, 2011, the Seoul Western Vice-Governor of the Defendant Company, from February 7, 2011.

Article 1 This Delegation Agreement shall be from February 11, 201 to July 31, 201.

Article 2 The fee rate determined by the defendant shall apply to the performance fee for the plaintiff's delegated business affairs.

Article 3 (1) Delegation of lease investigation means any of the following:

1. Inspection of relocated households: Duties of inspecting the resident registration transfer households to place an article and investigating the resident registration status such as the name and moving date of the head of household and the person living together with the head of household;

2. (Omission)

3. Lease investigation: A deposit for the existence of a lease contract, a room, a flood (total waterproof and flood control leased by a lessee), the actual use, the external structure, other special matters, etc. through an on-site investigation into the land of an article.

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