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(영문) 서울중앙지방법원 2018.11.07 2018가합534711
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 17, 2016, the D Promotion Committee (hereinafter “instant Promotion Committee”) entered into a service contract for administrative affairs concerning the instant project with the F Co., Ltd. (hereinafter “F”) in order to carry out the business of constructing multi-family housing (hereinafter “instant business”).

B. On April 4, 2016, the Plaintiffs concluded a development agent service contract for the instant project with the instant promotion committee and F, setting service fees of one billion won.

C. On April 5, 2016, at the notary public G office, the Plaintiffs drafted a notarial deed on April 5, 2016, stating that “F shall approve the Plaintiffs as service cost and pay by June 30, 2016,” and that “F shall pay by June 30, 2016,” under Article 323 of the deed 2016. The notarial deed in the instant promotion committee’s promoters and H, and the Plaintiffs, “F and I shall approve the Plaintiffs as service cost and shall pay by September 30, 2016,” the Plaintiffs prepared a notarial deed in a loan agreement (hereinafter collectively referred to as “notarial deed”).

On June 21, 2016, the instant promotion committee was established D (hereinafter “instant association”) by obtaining authorization for establishment from the Kimpo-si market. On July 8, 2016, the instant association and F entered into a contract with the Defendant, a trust company, to act as an agent for fund management (hereinafter “instant agency contract”). The main contents of the instant agency contract are as follows.

The instant promotion committee, the delegated person Defendant (hereinafter referred to as “B”) and the association PM service company F (hereinafter referred to as “B”) entered into an agency contract (hereinafter referred to as “existing contract”) on September 24, 2015 for the new construction of D collective housing (hereinafter referred to as “the instant project”) and the instant contract.

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