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(영문) 의정부지방법원 2018.05.24 2016가합55339
계약자 지위 확인의 소 등
Text

1. All of the supplementary participation of the Intervenor joining the Defendant is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a company running a rearrangement project management business, etc. (1) The Plaintiff is the party concerned. (2) The Defendant, as a partnership authorized on October 13, 2016 when the instant lawsuit is pending, succeeded to the rights and obligations of the B Area Housing Redevelopment Promotion Committee (hereinafter “Defendant Promotion Committee”) that is the party prior to the lawsuit.

B. On March 8, 2014, the Plaintiff was awarded a contract to a rearrangement project management company by the Defendant’s residents’ general meeting as of March 8, 2014, and paid KRW 300,000,000 to the Defendant’s promotion committee on August 27, 2015, and the Defendant’s promotion committee and the Defendant’s promotion committee for specialized management services (hereinafter “instant service contract”).

(2) Article 4 of the Terms and Conditions attached to the instant service contract states that “The first service charges shall be 10% at the time of the contract, and the second service charges shall be 10% at the time of the inaugural general meeting of the partnership, and the payment for completed portion, the payment date of which has arrived before the designation of the Si construction work, shall be paid in a lump sum after the selection of the Si construction work.”

3) Article 6 of the terms and conditions attached to the instant service contract states that “the Plaintiff shall lend operating expenses of KRW 9,885,500 per month to the account designated by the Defendant Promotion Committee from the date the instant service contract was concluded until the Defendant Promotion Committee selects the construction company, and the Defendant Promotion Committee shall repay all of the project expenses provided by the Plaintiff as above with the loan provided by the construction company selected at the general meeting.” The Plaintiff loaned KRW 77,301,50 in total to the Defendant Promotion Committee pursuant to Article 6 of the said terms and conditions. (4) The Defendant Promotion Committee and the Residents’ General Meeting held on August 28, 2016.

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