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(영문) 대구지방법원 2018.09.07 2017가합204357

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the housing construction project and the construction business, and the Defendant (A) is a company that aims at the development, acquisition, management, improvement, and disposal of real estate.

B. From around 2007, the Defendant promoted a project that constructs a main multi-use building at Dwon in Gyeonggi-do.

C. On April 18, 201, with respect to the business of constructing and selling multi-family housing in the above project site, a consulting service contract is prepared with the purport that the Plaintiff provides the Defendant with the permission and permission necessary for an urban improvement project, land purchase, etc., and the Defendant shall pay the Plaintiff the service cost of KRW 6,134,159,000 (hereinafter “instant service contract”).

At the time of April 18, 2011, the actual representative of the Plaintiff was E (the Plaintiff was registered as the Plaintiff’s auditor due to registration injury) and the Defendant’s representative director was F.

E. From January 2008, the Defendant had the above E exercise overall control over the project of purchasing land, changing the form and quality of land, etc., and E was paid KRW 5 million per month in the name of the Defendant’s head office, while E was working as the Defendant’s head office.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-4, Gap evidence 11, 15, Eul evidence 5, the purport of the whole pleadings

2. The parties' assertion

A. On April 18, 2011, the Plaintiff asserted that the Plaintiff entered into the instant service contract with the Defendant, and the Defendant entered into the instant service contract with respect to the construction and sale of multi-unit housing in an urban development zone with respect to D members in the Siri-si. The Plaintiff fulfilled the service duties under the instant service contract on December 14, 2016.

Nevertheless, the Plaintiff received only 120,000,000 won, which is a part of the above service cost, from the Defendant. Thus, the Plaintiff is obligated to receive 6,014,159,000 won (i.e., 6,134,159,000 won - 120,000 won) and damages for delay. However, the Plaintiff is partially obligated.