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(영문) 서울중앙지방법원 2020.11.13 2019가합582359

청구이의

Text

1. The Defendant’s payment order is based on the original copy of the loan payment order in Seoul Central District Court 2015 tea3465 against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction maintenance and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained authorization for establishment on February 23, 2011 for the purpose of implementing a housing reconstruction improvement project (hereinafter “building improvement project in this case”) with the content that the Plaintiff removes 270 households in a zone of A apartment 12,080 square meters in the Gu and newly constructs 249 households in the relevant place.

C is the president of the Plaintiff’s partnership.

On March 5, 2016, dismissal was made around March 5, 2016.

The defendant was established for the purpose of construction business, and was dissolved pursuant to Article 520-2 (1) of the Commercial Act around December 3, 2018.

B. On May 8, 2013, the Plaintiff and D Co., Ltd., a company implementing the instant reconstruction project, including the conclusion of a service contract between the Defendant and the Defendant, concluded a service contract (hereinafter “the instant service contract”) with the Defendant setting forth 5% of the amount of the consulting remuneration loan (the date on which the payment date is indicated) regarding the financing of approximately KRW 8 billion loans on moving expenses and project costs, consultation on the business progress and current status with financial institutions related to the said loan, analysis of documents related to this case, and consultation on the submission of data.

(B) On June 28, 2013, the Plaintiff and D entered into a service contract (hereinafter “the instant contract”) with the Defendant, setting the service cost as KRW 750,00,000 (excluding value-added tax) for the following reasons: (a) in addition to the instant service contract with the Defendant, KRW 9 billion (3 billion, approximately KRW 6 billion, KRW 6 billion, total of the moving expenses and the loan of the project expenses); and (b) in addition, the part payments and the selection of the construction works are newly added; and (c) the service contract (hereinafter “the instant contract”).

The 10% of the contract deposit out of the service price shall be issued with a letter of approval for handling moving expenses and the selection of the contractor as a qualified company.