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(영문) 수원지방법원 성남지원 2018.05.15 2016가합207443
채무부존재확인
Text

1. The Plaintiff’s obligation under the monetary loan agreement concluded on May 4, 2016 between the Plaintiff and the Defendant is KRW 2.3 billion.

Reasons

1. Basic facts

A. The Plaintiff, a juristic person established for the purpose of real estate development and construction business, etc., entered into a partnership apartment construction and sales contract with the instant committee as to the partnership apartment construction and sales business conducted by the tentative District Housing Association Promotion Committee (hereinafter “instant committee”).

In recruiting regional housing association members of the Gyeonggi-do regional housing association or apartment project (tentative name), the Plaintiff, the instant committee (hereinafter collectively referred to as the “Plaintiff and the instant committee”) and the Defendant (hereinafter referred to as “B” in this contract) shall enter into a regional housing association recruitment service contract under the principle of mutual trust and good faith.

Article 1. Indication of Subject Matters

1. Project name: (tentative) A regional housing association or apartment;

2. Location: D branch members of Namyang-si, Gyeonggi-do;

3. Objects: Purpose under Article 2 of apartment buildings with two stories below ground or above ground, and a total of 1,373 units above ground (hereinafter referred to as "objects");

1. Both A and B shall cooperate with each other to smoothly recruit partners within a short time;

2. A shall grant B the authority to recruit union members as stated in this Agreement, and B shall act on behalf of B, within the scope of the authorization of Party A, for the subject matter.

Article VConditions of Solicitation Agency

4. The fee for solicitation agency shall be limited to households which have concluded a contract within the period of solicitation agency, and the fee per household shall be 7.5 million won, regardless of whether it is flat.

5.The criteria for the payment of fees to be paid by A to B in accordance with this Agreement and this paragraph shall mean any case in which A satisfies all of the following requirements, and shall pay a recruitment commission to B, insofar as all of the following requirements are met:

(1) The first fee shall be paid at the time of concluding a contract with 20% of the number of households of the primary recruitment, and the fee shall be 7.5 million won per household when full payment of the first down payment is made.

(2) A contractor shall conclude a principal contract and pay a down payment.

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