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1. The Defendant’s KRW 324,720,00 for the Plaintiff and 6% per annum from November 12, 2019 to March 4, 2021, and the following.
Reasons
1. Basic facts
A. The Defendant is a regional housing association that has obtained authorization for the establishment of a housing association in order to conduct a new project for constructing an apartment unit of 998 (hereinafter “instant project”) in the Hanju-si, Seoul. The Plaintiff is a company that conducts a cooperative housing execution agency business.
B. On November 14, 2018, the Plaintiff entered into a business agency contract with the Defendant and the Plaintiff to act on behalf of the Defendant for the instant business (hereinafter “instant contract”) and received KRW 324,720,000 as the contract deposit.
The main contents of the instant contract relating to the instant case are as follows (the “A” and the “B”, respectively, refer to the Defendant, and the Plaintiff. Article 4 (Scope of Business Agency) of the instant contract provides the following overall services and faithfully perform them in consultation with Party A.
1. Provision of assistance in securing business sites and vicarious execution of business affairs of a cooperative, such as applications for the establishment or modification thereof after this contract is concluded;
2. Review on feasibility and preparation of business plans by proxy;
3. Vicariously calculating the estimated contributions of members before approval of a business plan and selection of a contractor;
4. Support for the affairs concerning the selection of designers and work executors, and vicarious application for permission under the cooperation of designers at the time of rental business;
5. Vicarious execution of duties, such as management of processes in the construction site, design changes, and occupancy;
6. Vicarious execution concerning applications for approval of project plans;
7. Designation of urban planning facility business operators in connection with the establishment of access roads to a project site, securing land following the establishment of urban planning roads, selection of civil engineering and design business operators, support for the selection of road construction business operators, and vicarious licensing and permission in cooperation with
8. Assistance in the selection of supervisors and the management of supervisors;
9. Support for affairs concerning approval for the invitation of occupants in the event of the occurrence of the general allotment; 10. Support for affairs concerning the selection of financial institutions and association members of hybrid loans to appropriate project funds; and 11. Operation of a general meeting and support for the election of executive officers and employees;