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(영문) 서울고등법원 2017.03.29 2016나2065498

용역비

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim is dismissed.

B. The defendant

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as follows, and this part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance, except for partial dismissal or addition as follows.

① On May 6, 2005, the Plaintiff and the Defendant agreed to jointly carry out the instant development project (hereinafter “instant project”) on May 6, 2005, and entered into a development project management agreement (PM: Property Management Agreement) on November 21, 2006 (hereinafter “PM agreement”) on November 21, 2006, respectively, with the following modifications:

A. The plaintiff is a stock company with the purpose of real estate development business, and the defendant is a stock company with the purpose of management business, etc. of the Mine Name Model Corporation.

On May 6, 2005, the Plaintiff and the Defendant newly constructed a multi-purpose building in Gwangju-si 201 Won (hereinafter “instant project site”) in Gwangju-dong 201, Gwangju-dong (hereinafter “the instant project site”) and agreed to jointly implement a real estate development project with the purport of constructing an apartment-type factory in KRW 120-9, e.g., No. 120-9, No. 2000, 2005 and moving the occupant enterprises within the Gwangju-gu, Gwangju-dong Corporation to the iron dong-dong. However, the said steel dong land was difficult to carry out the development project with the wind that is sold to a third party.

Accordingly, on November 21, 2006, the Defendant entered into a development project management agreement with the Plaintiff on the part of the duties necessary for the Plaintiff to carry out the instant project, with the term “the instant project” (hereinafter “instant project”), which refers to the construction of a new building on only the instant project site (hereinafter “the instant project”); and entered into a development project management agreement with the Plaintiff on the part of the duties required for the Plaintiff to carry out the instant project.

(hereinafter “instant contract”). The instant contract is deemed to have been concluded.