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(영문) 서울중앙지방법원 2017.12.14 2016가합526969
용역비
Text

1. The Defendant A Regional Housing Association shall pay to the Plaintiff KRW 1,729,509,390 as well as its full payment from June 14, 2016 to the date of full payment.

Reasons

Basic Facts

Defendant A Regional Housing Association (hereinafter “Defendant Association”) is a regional housing association established pursuant to the Housing Act for the purpose of carrying out a new project of constructing an apartment of the A Regional Housing Association (hereinafter “instant project”) in the Daegu Suwon-gu Seoul Suwon-gu.

The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) are companies with the purpose of selling agency business.

A Regional Housing Association Establishment Promotion Committee (tentatively named) of a regional housing association (tentatively named) which is an organization at least prior to obtaining authorization for the establishment of a regional housing association under the Housing Act (tentatively named) was concluded on November 2014 with respect to the instant project by the Defendant Company, and the service cost shall be paid by multiplying the number of members recruited by six million won per household; however, the payment period was agreed by the Defendant Company after obtaining authorization for the establishment of a regional housing association from the competent authority or when the Defendant Company recruited at least 1,00 members of the association.

On November 27, 2014, the Defendant Company entered into a service contract that delegates the recruitment of union members of the instant project (hereinafter “instant 2 service contract”) with the Plaintiff, as in the instant 1 service contract, and the service cost shall be paid by multiplying the number of union members recruited by KRW 4 million per household, and the payment period was agreed upon by the Defendant Company after the authorization was granted for the establishment of the association, or when the Plaintiff recruited at least 720 household members.

On January 9, 2015, the Plaintiff recruited more members than 720 households, and recruited more than 1,000 households on April 10, 2015, and recruited 1,120 members by June 2015.

On March 15, 2015, the Defendant Cooperative held an inaugural general meeting and passed a resolution to ratification the first service contract of this case concluded with the Defendant Company, and made a resolution on March 15, 2015.

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