용역대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In the first instance court’s trial scope, the Plaintiff additionally added the first instance court’s claim for restitution of unjust enrichment and the second preliminary claim for damages based on illegal act in preparation for the case where the service contract becomes null and void when the Plaintiff filed a claim for reimbursement of service costs under the service contract and the contract for settlement of actual expenses.
The court of first instance recognized the service contract as valid and accepted part of the service price claim, and dismissed all the claim for contract amount.
Since only the defendant appealed against this, the subject of the judgment of this Court is limited to the claim for service costs and the claim for first and second preliminary claims among the primary claims.
2. Determination on the cause of the claim
A. The plaintiff as a party is an organization established under Article 74-4 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Urban Improvement Act"), and is an association of a rearrangement project management contractor. The defendant obtained the approval for establishment of an association establishment promotion committee from the head of Gangnam-gu Seoul Metropolitan Government on December 31, 2003, for the purpose of establishing a housing reconstruction and improvement project association with a site A located on the ground of Gangnam-gu Seoul Metropolitan Government as an expected area for project implementation.
(2) The Defendant, which entered into a service contract between the Plaintiff and the Defendant, held a meeting to select a general meeting agency to proceed with the general meeting for the appointment of the chairman and the resident general meeting. On February 24, 2011, the Plaintiff was selected as a general meeting agency.
On April 28, 2011, the Plaintiff and the Defendant entered into a contract on the services of the resident general meeting (hereinafter “instant contract”) with the following Defendant’s chairman, vice-chairman, and auditor at the cost of KRW 321,728,00.
The Agreement of this case
1. Name of the project: A apartment reconstruction project;
2. Details of services: Article 3 (Scope of Services) (1) Preparation and progress of meeting materials of the committee related to the residents' general meeting.