손해배상 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a reconstruction association established with the authorization of establishment on October 14, 2003 in order to implement a B apartment reconstruction project (hereinafter "the project of this case") which newly constructs ground apartments and ancillary welfare facilities, such as Gangnam-gu Seoul, Seoul, etc.
On March 19, 2002, the Defendant entered into a contract for construction work of this case with D Co., Ltd. and E Co., Ltd.
B. On February 1, 2005, the Plaintiff entered into a contract on the removal of building structures and the remaining disposal works with the Defendant. On February 1, 2005, when the Defendant carried out the instant project, the Plaintiff entered into a contract on the removal of the existing building structures and the remaining disposal works (hereinafter “instant construction works”) with the Plaintiff at KRW 150,000,000 per square year with the term “the instant construction works” (hereinafter “instant contract”).
On February 4, 2005, the Plaintiff entered into a contract with the Defendant stating that “The instant provisional contract shall be replaced with the main contract and the implementation of the periodic contract with F, the contractor,” (hereinafter “instant principal contract”).
C. On June 7, 2005, the Plaintiff and G Co., Ltd. entered into a contract on the business management services of the instant case with the Defendant, and G Co., Ltd. entered into a contract on the business management services of the instant case with the following: (a) in charge of construction project management services, including design authorization, product planning, and the selection of a contractor; (b) the Plaintiff is in charge of overall performance services, such as funds and accounts; (c) the Plaintiff and G paid KRW 20 million monthly operating expenses to the Defendant; and (d) upon completion of the instant project, the Plaintiff and G Co., Ltd. and the Defendant agreed to distribute the development gains at the ratio of 50:50.
[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence (if a tentative number exists, including one number, hereinafter the same shall apply) respectively.