(영문) 서울중앙지방법원 2020.10.16 2019가합535698

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(영문) 서울중앙지방법원 2020.10.16 2019가합535698

추심금

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The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (tentative Name) On October 2017, the regional housing association promotion committee concluded a fund management agency contract (hereinafter “instant agency contract”) with D Co., Ltd. (hereinafter “instant company”) and the Defendant (hereinafter “instant agency contract”) with the following details.

In promoting the new project of the Housing Association in Seo-gu Incheon, Seo-gu, Incheon, the delegating (tentative name) Regional Housing Association Promotion Committee (hereinafter referred to as the “A”), the instant company of this case (hereinafter referred to as the “B”), and the Defendant, the delegated agent of the fund management, shall enter into a fund management agency contract as follows:

Article 2 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:

(5) The term "agency expenses" means expenses incurred in the commencement of projects, such as the establishment of an association, in addition to the contributions of members in connection with the projects as well as various service expenses required for the commencement of the projects, including service fees

Provided, That service fees belonging to an agency shall be settled with the approval of the general meeting of the association within the scope of the agency contract after authorization for the establishment of the agency, and the agency expenses prior to the settlement (payment) shall be deemed the amount of money of the association or association members who paid the relevant gold.

Article 13 (Standards and Method of Execution of Fund Management Account, such as Cooperative Contributions and Vicarious Execution Expenses) (2) An association agent fee deposited in the Fund Management Account under the name of the defendant shall be recruited at least 20% of the number of households to be constructed and shall be executed only for the association agent expenses of the association members (applicant for the association) who requested the written consent of the association members (applicant for the association in Form 1) in the form of attached Form, but the settlement of an association agent fee shall be executed after obtaining approval from the general meeting of the association.

(4) The order of fund management accounts shall be as follows:

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