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(영문) 대전고등법원(청주) 2017.08.22 2016나12831

용역비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff (formerly changed: the Korea Urban Rearrangement Project Association) is a specialized management businessman of rearrangement projects who operates the service business related to rearrangement projects, and the Defendant is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to promote the housing redevelopment improvement project (hereinafter “instant project”) at the 555-1 unit located in Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

B. From March 2010, the Plaintiff performed the Defendant’s duty of demanding the consent form for the establishment of the association and holding the inaugural general meeting, and the Defendant held the inaugural general meeting on July 15, 2010 and selected the Plaintiff as a management entity of the rearrangement project.

C. On December 14, 2010, the Defendant concluded a specialized management service contract (hereinafter “instant service contract”) and a monetary loan contract (hereinafter “money loan contract”) with the Plaintiff on December 27, 2010 after obtaining authorization to establish the association on December 14, 2010. The main contents of the instant service contract and the monetary loan contract are as follows.

[Specialized Management Services Contract] In promoting the redevelopment of housing in the area of resignation 2 district located in 55-1, 1, 55-1, the resignation 1, and 55-1, the head of the Si/Gu, the defendant, the project implementer, and the management business entity specialized in the rearrangement project, the plaintiff of the Si/Gun/Gu, who is the project implementer, shall enter into a service contract for specialized management services following the implementation of the

1. Total floor area of business: approximately 181,552 square meters ( approximately 54,918 square meters) total floor area of business construction: total floor area of business construction already determined;

2. Contents of the contract: Support for overall administrative services concerning the execution of housing redevelopment and rearrangement project;

4. Contract unit price: 8,788 won per square meter of a total business construction floor area.

6. Documents: One copy of the terms and conditions of the contract for specialized management services and the scope of services to be performed under the terms and conditions of the contract for specialized management services for rearrangement projects (the scope of services) and Article 6 (1) of the terms and conditions of the contract.