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(영문) 서울남부지방법원 2016.08.25 2016가단204145
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 96,956,976 and the interest rate of KRW 15% per annum from February 23, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. (hereinafter “C”) is a stock company that runs the business of consulting and entrusting affairs related to housing reconstruction and improvement projects. The Defendant is a housing reconstruction and improvement project association (hereinafter “Defendant association”) authorized for a housing reconstruction and improvement project (hereinafter “instant housing reconstruction and improvement project”) with the land outside D and 11, South-si, Namyang-si (hereinafter “instant housing reconstruction and improvement project”) located in the business area on January 12, 2012.

B. C from January 31, 2005 to the promotion committee for the establishment of the defendant partnership (hereinafter “promotion committee”)

6. Around the end of each month until the end of 30.30 million won, each of 3 million won was over six times, July 26, 2005, and three million won was over seven times from August 30, 2005 to February 24, 2006, and a loan obligation remains over 43 million won.

C. On May 20, 2004, C and the Promotion Committee entered into a contract for the maintenance project with the following contents:

[The “instant maintenance and improvement service contract” refers to “A7 copies of the maintenance and improvement service contract” as indicated below. On the other hand, the amount calculated by multiplying 20,000 won per total floor space determined based on the number of service premises by the following (1) is KRW 563,440,00 (excluding value-added tax).

(1) C provides the promotion committee with overall consultation and entrusted services related to the rearrangement project, and the promotion committee shall provide C with an amount calculated by multiplying C by 20,000 won per total floor space of the service in return for the service, and pay the service cost by borrowing the service cost from the contractor at the time of selecting the contractor.

(See Paragraph 1) (2) of Article 4 of the maintenance service contract shall be paid 20% at the time of the conclusion of the contract, 20% at the time of the completion of the designation of the rearrangement zone, 20% at the time of the establishment of the association, 10% at the time of the application for the authorization of the project implementation, 20% at the time of the

(See Article 4(2)(3) of the Maintenance Service Contract. C is smooth by the Promotion Committee.

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