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(영문) 춘천지방법원원주지원 2019.05.09 2018가합5658

용역비

Text

1. The Defendant’s KRW 414,00,000 as well as the annual rate of KRW 6% from April 12, 2018 to May 9, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to newly build an apartment (hereinafter “instant project”) using the Plaintiff’s Day C as the project site, and the Plaintiff is a corporation with the purpose of conducting the business as an agent business of the regional housing association.

B. The Defendant entered into an agency contract with D Co., Ltd. (hereinafter “D”) with respect to the instant business, and the Plaintiff, the Defendant, and D promised to succeed to the rights and obligations under the contract of D on October 2015.

After that, on October 23, 2015, the Plaintiff and the Defendant concluded an agency service contract (hereinafter “instant service contract”) and the main contents thereof are as follows.

[Article 3] The duties to be supported and performed by the plaintiff under the agency service contract by entering into this agency service contract shall be as follows, including the comprehensive formulation of a plan, financing, enforcement, and the preparation of the housing association agreement, and support for the duties requested by a separate defendant.

(1) Overall support and business support for all kinds of affairs related to the purchase of a building site.

(a) Site review, business plans, land sales contracts, reports on land transaction and registration of transfer of ownership, and registration of trust;

(b) All other affairs related to ownership, mortgage, etc. and affairs related to the creation of apartment sites.

(a) Organization registration, business registration, authorization for establishment of a housing association, various impact assessment, construction deliberation, approval of a project plan, etc.;

(2) Assistance, etc. in relation to the selection of collaborative companies related to the project, contracts, etc.;

(a) Business affairs, etc. concerning the selection of design, supervision and other services, contracts, the selection of a contractor and the conclusion of a contract for construction works;

(b) relation to legal affairs, taxation, accounting, selection of attorneys-at-law, exclusion of contracts, sales of commercial buildings, etc.