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(영문) 수원지방법원 평택지원 2018.12.05 2017가합10024

원상회복청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff’s promotion of the instant project (mutually Company C prior to the change) was a corporation engaged in tourist accommodation business, real estate development business, etc., and was running the business of constructing a third and fourth-story hotel underground in Pyeongtaek-si D, Pyeongtaek-si (hereinafter “instant business”).

On October 15, 2015, the Plaintiff entered into a business management service contract and design consulting service contract between the Plaintiff and the Defendant, with respect to the instant business with the Defendant, as follows:

(hereinafter referred to as “instant business management services contract”). Article 2 (Service Purposes) of the instant contract provides that the Plaintiff shall delegate the business management services to the Defendant in promoting the instant project.

Article 5 (Service Costs and Additional Services) The service costs shall be paid in full in consideration of the basic amount regardless of the service period (excluding value-added tax), and shall be paid in 24 installments each month in consideration of the service period, and if the service period is reduced, the balance shall be paid in the month in which the completion date belongs.

When the service period is extended, the same monthly payment shall be made every month.

Article 7 (Scope of Business) (1) In order to achieve the objectives of the instant business, the Plaintiff and the Defendant shall share their duties and cooperate with each other as prescribed in each of the instant provisions.

② The Plaintiff is a project undertaker and shall perform the following duties as a general manager and a person performing duties:

1. Management concerning the ownership and use of land;

2. Delivery/ stipulated by the Ordinance of the Ministry of Land, Infrastructure and Transport and removal of existing buildings;

3. Business-related authorization, permission and payment of taxes and public imposts;

4. Selection of and conclusion of a contract for a designer, sales agent, and sales agent;

5. Conclusion and management of a contract for construction works;

6. Management of policyholders, and raising and execution of funds;

7. Cancellation of restricted real rights, such as provisional disposition against all the project sites;

8. A person responsible for the overall management of sale, advertisement, design, supervision, and execution management;

9. Civil petitions related to the implementation of the project and the area of the project