2017dan5031688 Amount of takeover

A

Asian Trust Corporation

November 15, 2017

December 13, 2017

1. The defendant shall pay to the plaintiff 140,00,000 won with 15% interest per annum from February 23, 2017 to the day of full payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts of recognition;

A. On July 15, 2016, the District Housing Association Establishment Promotion Committee (the representative C; hereinafter referred to as the “Promotion Committee”) (the representative C; hereinafter referred to as the “Promotion Committee”) concluded a new construction project of collective housing of the District Housing Association (the site area in the outline of the project is 3,013 square meters, and the building size is 104 households and ancillary welfare facilities; hereinafter referred to as the “instant project”) with the Defendant and Multilateral Corporation A (hereinafter referred to as the “Non-Party Company”) for the stable progress and efficient funding management of the instant project, and the Non-Party Company entrusted the Defendant with all of the funding management affairs related to the instant project, and the Non-Party Company was entitled to receive agency fees, and the main contents are as follows:

A: The committee of this case, Eul: The term "Defendant Byung", and "Acting member of the company" means the amount of money paid as remuneration for the cooperative members separate from the amount of money to be borne by the cooperative members for the performance of all the affairs of the "Acting member". The roles and duties of "Acting member of the Association" shall be shared and cooperate with each other as diverse roles and duties for the successful performance of the "Acting member". The term "Acting member of the Association" shall be "Acting member of the Association" and "Acting member of the Association". The roles and duties of "Acting member of the Association" are "Acting member of the Association" or "Acting member of the Association". The term "Acting member of the Association" shall be defined as "Acting member of the Association", "Acting member of the Association" and "Acting member of the Association" shall be defined as "Acting member of the Association" and "Acting member of the Association". The term "Acting member of the Association" shall be defined as "Acting member of the Association" and other affairs prescribed as "Acting member of the Association".

B. Persons wishing to join the said regional housing association: (a) the promotion committee of this case and the non-party company and the share of the association members shall be KRW 227,578,800,000; and (b) separately entered into an agreement to enter into an association with the burden of KRW 8,00,000 as an agency fee; and (c) the non-party company has received agency fee from

C. On August 9, 2016, the Plaintiff acquired the claims against Nonparty Company against the Defendant by transfer. On December 7, 2016, Nonparty Company and the instant promotion committee, jointly signed, sent a content-certified mail containing the notice of the assignment of claims to the Defendant, and the said mail was sent to the Defendant around that time.

1. Claims subject to transfer are: (a) the performance expenses paid by each partner to the union in conjunction with the agreement to join the union (1) (8,000,000 won per household); (b) the performance expenses of the proxy and the agency expenses to be paid in the future to the Defendant’s bank account, the funds manager, according to the funds management agency contract; (c) the agency expenses currently deposited are confirmed according to the certificate of balance issued by the Defendant; and (d) the agency expenses to be paid in the future are not limited to the said bank account; and (e) the entire amount deposited by each member to the Defendant as the proxy expenses.

D. On August 22, 2016, the head of Jung-gu Seoul Central District Housing Association (representative C) approved the establishment of the regional housing association (representative C) composed of 28 members.

E. By December 7, 2016, the Defendant received a total of KRW 448,08,756 from its members as an agent fee and paid KRW 308,00,000 to the non-party company as an agent fee.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2, 4, Gap's 9-1, 2, Eul's 1 and 3, the purport of the whole pleadings

2. Determination

A. Determination on the cause of the claim

According to the above facts, the promotion committee of this case, the non-party company, and the defendant agreed to pay agency expenses at the request of the promotion committee of this case and the non-party company. The approval was obtained from the head of Jung-gu Seoul Metropolitan Government. The promotion committee of this case and the non-party company requested the payment of agency fees under Article 12 (4) of the contract of this case by notifying the defendant of the transfer of agency expenses under joint signature, so it is reasonable to view that the defendant requested the defendant to pay the agency fees under Article 12 (4) of the contract of this case. Thus, the defendant is liable to pay the plaintiff who acquired the non-party company's agency expenses claim against the defendant (448,088,756 - 308,000,000 won for the non-party company's agent expenses (448,088,756 - 308,000) and the delay damages calculated at the annual rate of 15% per annum from February 23, 2017.

B. The defendant's assertion and judgment

1) The Defendant asserted that there was no such request under Article 12(4) of the instant contract between the Promotion Committee and the non-party company. However, it is reasonable to deem that the Promotion Committee of this case and the non-party company requested the Defendant to pay agency expenses by giving notice of assignment of agency expenses to the Defendant under their joint signature. As seen earlier, the Defendant’s above assertion cannot be accepted.

2) The Defendant asserts that the above association establishment authorization was based on the application on July 13, 2016, which was before the contract of this case was concluded, and the association which obtained the association establishment authorization was merely 28 members of the instant promotion committee because the number of association members is not recognized as identical to the instant promotion committee, and since the instant promotion committee did not obtain the association establishment authorization, it is inevitable for the Defendant to pay an agency fee under Article 12(5) of the instant contract prior to the establishment authorization as stipulated in the instant contract, and the Defendant already paid an agency fee in excess of this.

The following facts are established: (a) the association with the approval of establishment was 28 members; (b) 50 households with the site area; (c) 1,235.00 square meters; (d) the promotion committee of this case was 104 members; (d) the project plan or size was 3,013.80 square meters; and (e) 104 households with the expected construction. However, the circumstances such as the aforementioned evidence and the dysium with the overall purport of oral argument as well as the dysium’s contents on Gap’s 5 through 11, are the same as the regional housing association with the name of the association with which the promotion committee of this case intended to establish the promotion committee of this case was approved; and (e) the project outline of this case was partially modified in the process of the authorization, permission and project execution; and (e) the regional housing association with the regional housing association with the premise that the establishment of the promotion committee of this case and the regional housing association of this case were not established.

3. Conclusion

If so, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

Judges Maternity

1) The same meaning as the performance fee in the work; hereinafter the same shall apply.