(영문) 대전지방법원 2014.01.29 2013가합103258



1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. The conclusion of a service contract and its termination 1) A district Housing Redevelopment Project Association Establishment Promotion Committee established to promote a housing redevelopment project in the Seo-gu Daejeon District B (hereinafter “Promotion Committee”)

Around September 1, 2006, 2006, the non-party Pacific Co., Ltd. (hereinafter referred to as the “debtor”) as a specialized management businessman of rearrangement projects.

(B) the housing redevelopment and rearrangement project specialized management services contract (hereinafter “instant services contract”) between the two.

2) The Defendant obtained the authorization of establishment under Articles 16(1) and 18(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8852, Feb. 29, 2008; hereinafter “former Act”), and was established by completing the registration of establishment on January 25, 2008, and the head of Seo-gu Daejeon District Office, the competent administrative agency, approved the implementation of the said housing redevelopment project and announced it on May 22, 2009.

3) Under the instant service agreement, the promotion committee paid the down payment and the first and second progress payment to the obligor pursuant to the instant service agreement, and the Defendant paid the third and second progress payment to the obligor after its establishment. However, the instant service agreement stipulated that the fourth progress payment shall be paid upon authorization for the implementation of the project. However, the Defendant did not pay the fourth progress payment upon authorization for the implementation of the project. The obligor notified the Defendant of the fact that, around July 8, 2009, “it does not normally pay the service cost despite authorization for the implementation of the project, and as the project does not normally proceed in the future due to the Defendant’s circumstances, the instant service agreement will be terminated.” (B) The obligor, such as the obligor’s wage, etc., was bankrupt and failed to pay the wages and retirement allowances to his employees due to the business deterioration. (c) The Plaintiff was entrusted by the Minister of Employment