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(영문) 부산지방법원 2017.05.12 2016가단305415

용역비

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On November 7, 2014, the Plaintiff entered into a “specialized maintenance and management service contract” with the Defendant regarding “B-gu Seoul Metropolitan Government District Housing Association Project as a project site (hereinafter “instant project site”). On March 3, 2015, the Plaintiff entered into a “specialized maintenance and management service contract for branching work and maintenance and improvement work” (hereinafter “instant service contract”) with the Defendant, and the main contents thereof are as shown in the attached Table.

With respect to the instant service contract, the Defendant paid the Plaintiff KRW 40,00,000 on November 20, 2014, KRW 4,000,00 on February 11, 2015, KRW 20,000,000 on February 17, 2015, KRW 20,000 on March 10, 2015, KRW 17,000 on March 10, 200, KRW 88,000 on March 10, 200 on the same month, KRW 30,000 on June 22, 2015, KRW 11,000,000 on June 22, 2015, KRW 00,000 on July 22, 2015, KRW 000,000 on August 10, 2015, KRW 00,000 on the basis of:

(hereinafter “The instant amount”). Although the instant project site was designated as a housing redevelopment improvement zone, public announcement was made on September 16, 2015 on the revocation of approval of the Committee for Promotion of Establishment of Partnership.

The area of the instant project site is 19,898.9 square meters in the instant contract, but the actual result of the survey is 20,536.43 square meters, and the state-owned and public-owned land is 1,452.70 square meters in the instant contract.

[Based on the fact that there is no dispute, Gap 1, 3, 11, 13, and 14 are written statements, and the plaintiff's assertion to the purport of the whole pleadings was issued with a written consent to land use equivalent to 9,546.93 square meters in accordance with the instant service contract. The plaintiff was issued a written consent to land use of at least 50 percent in the area of the project site of this case [18,46.29 square meters in the area of the project site of this case (19,498.9 m29 m29 m2,452.70 m2 in the case of the actual area (20,536.43 m2,536 m2,452.70 m2) in the case of the actual area (hereinafter referred to as "standard area of this case").

Therefore, the Defendant: (a) KRW 60,000,000 for the instant down payment; (b) KRW 220,000,000 for the first service charges; and (c) Article 3(2) of the instant service contract.