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(영문) 울산지방법원 2015.09.23 2014가단27172
추심금
Text

1. The Defendant’s KRW 60,000,000 and the Plaintiff’s annual rate of KRW 5% from August 23, 2014 to September 23, 2015, and the following.

Reasons

1. Facts of recognition;

A. A. On March 12, 2009, B Co., Ltd. (hereinafter referred to as “B”) entered into a service contract with the Defendant on the content that the environmental impact assessment, etc. under the development project of a golf course of 18 holes Won-gu, Ulsan-gu, Seoul Special Metropolitan City (hereinafter referred to as “C”) was conducted between March 12, 2009 and the completion of the consultation on environmental impact assessment (hereinafter referred to as “instant service contract”).

At the time of the instant service contract, the Defendant agreed to pay the remainder KRW 60 million upon receipt of the draft environmental impact assessment report’s opinion on the service price B and the instant service price at the time of completing the consultation on environmental impact assessment.

On September 18, 2009, the Defendant concluded a contract by amending part of the terms and conditions of the instant service contract to pay KRW 60 million at the time of the submission of the draft environmental impact assessment report (the execution of the PF loan funds) and the remainder of KRW 60 million at the time of the completion of consultation on environmental impact assessment, etc.

B. B prepared a draft environmental impact assessment report on January 22, 2010 according to the instant service contract, and submitted it to the Ulsan Metropolitan City North-gu Office and the North East River Basin Environment Office. On January 29, 2010, a resident presentation was conducted based on the draft environmental impact assessment report. On March 11, 2010, the Ulsan Northernbuk-gu Office notified the residents of the draft environmental impact assessment report’s opinion and the result of gathering residents’ opinions, and the draft environmental impact assessment report was prepared around June 2010.

C. B, as the representative director D died on April 18, 2012, it was practically impossible to continue the service under the instant service contract.

On February 19, 2014, the Defendant entered into a contract on the transfer of the instant golf course business right with the Defendant’s household, Inc., and terminated the contract on April 2, 2014.

The Plaintiff retired from office as a member of B. On March 2014, according to the instant service contract without the Defendant’s consent or consent, the Plaintiff retired from office as an individual.

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