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(영문) 수원고등법원 2020.09.17 2020나11175
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

A. The Defendant entered into and terminated the instant agreement between C and the Defendant (hereinafter “instant agreement”) with respect to the housing redevelopment improvement project in Zone B (hereinafter “instant project”).

In order to promote the Company, G Co., Ltd. (hereinafter “G”) on October 18, 2010

(C) A corporation (hereinafter referred to as “C”)

2) The agency service contract (hereinafter “instant agreement”) with the content of entrusting the instant business services to the public.

(A) The key contents of the instant arrangement are as follows (hereinafter “A”), “B,” and “A” refer to the Defendant, “B,” and “B,” respectively:

(a) The method of paying the amount of services to be paid to B and C by Article 7 (Methods of Payment of Service Costs) of the instant agency service contract is as follows: (a) The amount of services to be paid to C shall be paid at the same time after the designation of the contractor at the time of concluding the contract (15%). (b) The first intermediate payment is to be paid at the time of completion of the inaugural general meeting of the partnership (10%).

(c) Second intermediate payment: Service amount (15%) at the time of completion of authorization to establish an association;

(d) The third intermediate payment: The amount of services (10%) at the time of completion of the general meeting selected by the work executor;

(e) Fourth intermediate payment: 15 percent of the amount of services at the time of an application for construction review;

(f) 5th intermediate payment: 15 percent of service amount when applying for authorization for project implementation;

(g) The sixth intermediate payment: 15 percent of the amount of services when the general meeting for management and disposal completes;

(h) Balance: 5% of the service amount at the time of completion: Provided, That the payment of the down payment, the first intermediate payment, the second intermediate payment, and the third intermediate payment, out of the service amount in the circumstances of A, may be made by means of a loan from the contractor after the completion of the selection of the contractor, shall be made at the rate of 5:5% of the loan and the down payment, including loan and the down payment, within 15 days after the selection of the contractor, and the third intermediate payment shall be made at the rate of 1,2, and 50%, including loan and the down payment,

Article 8 (Loan of Operating Expenses of Cooperatives), while Byung shall lend the budget amount and other operating expenses of a commercial bank interest rate to the commercial bank until the project cost and operating expenses of the cooperative are loaned by the City Corporation after the Corporation was selected.

except that.

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