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(영문) 광주지방법원 2017.09.14 2016가단507371

용역비

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. Status of the parties and conclusion of each service contract (1) The Plaintiff is a company that conducts impact assessment services on various construction technology services, traffic, disaster, etc., and the Defendant is the Housing Reconstruction Project Association that is promoting housing reconstruction projects (hereinafter “instant reconstruction project”) on the land located in the Nam-gu Seoul Metropolitan City-dong 1186.

(2) On April 9, 2005, the instant promotion committee for the establishment of the reconstruction association (hereinafter “instant promotion committee”) of the Defendant’s telegraph, entered into a contract for rearrangement project management business (hereinafter “contract for rearrangement project management business”) regarding the instant reconstruction project with the non-party salary industry development corporation (hereinafter “the salary industry”), and decided to settle the accounts after the construction is selected, without setting service fees.

(3) On April 12, 2005, the salary industry entered into a contract under which the Plaintiff will provide traffic impact assessment services pursuant to the instant reconstruction project (hereinafter “instant traffic impact assessment service contract”), and agreed to pay KRW 60 million (value-added tax) with the service payment in advance at the time of entering into the contract, and KRW 10 million (value-added tax classification) with the advance payment at the time of entering into the contract, and KRW 50 million (value-added tax classification) with the remainder at the time of designating the contractor.

B. (1) The Plaintiff prepared and submitted a service report to the instant promotion committee on December 2005 after performing traffic impact assessment services in accordance with the instant traffic impact assessment service contract.

The promotion committee of this case filed an application for deliberation of traffic impact assessment along with the above service report, and Gwangju Metropolitan City, which is the competent authority, shall conduct a traffic impact assessment on February 7, 2006, notified the promotion committee of this case that "the committee of this case shall pass a conditional resolution (the report created on the 74m section south side of the Dong-gu shall be in arrears after installation)."

(2) ...