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(영문) 의정부지방법원 2018.05.09 2017가단131240
추심금
Text

1. The Defendant calculated the Plaintiff’s KRW 75,663,291 as well as the annual interest rate of KRW 15% from November 24, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff received a payment order in the contract amount case No. 2017 tea970 against the CoM Construction Co., Ltd. (hereinafter “CoM”), and the payment order became final and conclusive.

B. Therefore, the Plaintiff is a claim bond (75,663,291 won) under the payment order finalized by the Plaintiff, and based on the original copy of the above payment order, the Plaintiff holds against the Defendant (hereinafter referred to as “housing Association”) the Korea Housing Association (hereinafter referred to as “Housing Association”) at two weeks from August 1, 2016 to June 5, 2017).

) Of the 25 units of multi-family housing 25 units, among the 1,572 units of multi-family housing, the amount of claims that the housing association and the households designated by the defendant, etc. conduct the sales agency business is subject to a decision that the above KRW 75,663,291 may be seized and collected (hereinafter “a seizure claim”) (Article 2017TTT 1419, hereinafter “instant seizure collection order”).

C. The original copy of the decision on the collection order of the instant case was served on October 27, 2017.

On the other hand, among the CoM and the housing association on August 1, 2016 and the contract entered into between the defendant for the recruitment service of union members (hereinafter “association membership recruitment contract”), the relevant contents are as follows.

Article 1 (Indication of Purposes and Services Subject Matters of Contract) The purpose of this Agreement is to entrust the services for the recruitment of members of a housing association by the term “A” or “A” to “B” (CoM) and to prescribe matters necessary for the entrustment of services and the early completion of services agency services.

Article 6 (Service Agency Fees) (3) Fees shall be the sale million won in daily gold regardless of the usual balance.

(4) "A" or "A" shall refer to the payment of the fees referred to in paragraph (3) of this Article to "B" when the full amount of agency expenses and 10% of the recruitment price of members by square type under paragraph (2) of Article 5 have been deposited in full.

Provided, That in order to promote sale, etc., the total amount of agency expenses and deliberation shall be conducted when entering into a membership agreement.

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