beta
(영문) 서울중앙지방법원 2019.04.25 2018가단5017054

용역대금 등

Text

1. The Defendant’s KRW 40,000,000 and its related amount are 6% per annum from March 12, 2019 to April 25, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On January 20, 2016, the Plaintiff entered into a management service contract for housing redevelopment and improvement projects (hereinafter “instant contract”) with the Defendant as follows.

Article 1 (General Provisions) The defendant shall be responsible and duty as a project implementer under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and the articles of incorporation, and the plaintiff shall enter into this contract with each other on the basis of mutual faith and sincerity so that the project of

Article 4 (Scope of Services) The scope of services to be rendered by the Plaintiff to the Defendant is as follows:

However, the defendant shall bear the service costs or working costs of the service company directly performing the related affairs.

1. Execution of, and support for, the regular operation of the association;

2. Support for affairs related to the amendment of improvement plans;

3. Vicarious execution of affairs concerning authorization for the establishment of an association;

4. Execution of duties related to authorization for project implementation and support - Execution of duties - Execution of duties related to authorization and permission - Execution of duties related to authorization and permission - Execution of duties - Execution of duties related to authorization and permission (building deliberation, traffic impact assessment, geological survey, eco-friendliness certification, cadastral survey, and installation cost of infrastructure) (1) The sum of service costs of the Plaintiff shall be KRW 200 million in total

(2) The service costs of the plaintiff shall be paid in cash within 30 days upon request by the defendant on each payment date specified in the following table:

The contract date: 10% project implementation authorization date: Article 9 (Termination of a Contract) (1) Where the service is performed after the conclusion of this contract and falls under any of the following grounds, both parties may notify the termination of the contract:

Provided, That this shall not apply to force majeure caused by changes in natural disasters, relevant laws and regulations, government policies, etc. recognized by the defendant and the plaintiff.

1. Where the other party fails to perform this contract without justifiable grounds;

2. Where it is evident that the content of the contract cannot be completed due to the causes or internal circumstances attributable to the other party.