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(영문) 서울중앙지방법원 2014.09.18 2013가합65876
양수금
Text

1. The defendant against the plaintiff (appointed party) KRW 110,00,000, and KRW 110,000,000 and each of the above amounts shall be applied to the Appointed B.

Reasons

1. Facts of recognition;

A. 1) The defendant is the party in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the project in this case")

A. The Defendant is a cooperative established to implement the said housing reconstruction project. The Defendant is a stock company C (hereinafter referred to as “C”).

2) The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) received from C a claim for service costs of KRW 220 million against the Defendant.

The Selection B was transferred by the Plaintiff the claim of KRW 110 million against the Defendant.

B. C concluded a service contract with the Defendant on December 23, 2009 with respect to the instant business, and entered into a specialized management service contract with the Defendant (hereinafter “instant service contract”).

1) The total floor area is 29,825.07 square meters, the contract period is from the date of contract to the date of liquidation of partnership, and the contract amount is 900 million won (excluding value-added tax). 2) The scope of the service is “support and consultation for project implementation authorization,” “application work and consultation for approval for modification of the management and disposal plan,” “support and consultation on business affairs related to occupancy,” “support and consultation on relocation announcement,” “support and consultation,”

C. On July 2, 2010, C transferred a claim amounting to KRW 220 million under the instant service contract to the Plaintiff, and notified the Defendant of the fact of the said transfer by content-certified mail on October 1, 2010. (2) On March 13, 2013, the Plaintiff transferred a claim amounting to KRW 110 million out of the service cost claim transferred by C to the designated party B as above, and notified the Defendant of the fact of the said transfer by content-certified mail on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The Plaintiff’s assertion C holds a claim against the Defendant for service costs of at least KRW 220 million according to the instant service contract.

C.

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