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(영문) 대전고등법원(청주) 2014.12.16 2014나179

용역대금 등

Text

1. The judgment of the first instance court is modified according to the reduction, etc. of the Plaintiff’s claim in the trial as follows.

Reasons

1. Basic facts

A. The establishment, etc. of Defendant Company and Q Q Co., Ltd. (hereinafter “ Q”) 1) Incheon City on April 22, 2008 (hereinafter “B”).

(2) Around December 16, 2008, as part of the project to support the crematorium village in connection with the installation of a crematorium for the village council (the representative P) and entered into an agreement with the Jeju City, as part of the project to support the crematorium village, to pay in installments the project cost of KRW 16 million necessary for the 16 resident accommodation project during the project period from around 2009 to around 201. B residents established Q with the purpose of creating a tourism and resort development promotion district on the ground of 71,600 square meters above the total of 13 lots, including RR, etc. on December 16, 2008 (hereinafter “instant development project”). On May 7, 2009, the Defendant Company was established with the aim of the mass farming and processing project, etc. as part of the instant development project.

B From the time of Q establishment to December 16, 201, from July 18, 2012, Q’s representative director was dispatched from July 18, 201 to the time of fire, and from January 18, 2012, P was in office as the representative director of the Defendant Company from January 18, 201 to the date of the appointment of the representative director (the director of the Defendant Company was in office before the appointment of the representative director of the Defendant Company) and the Defendant Company or Q in relation to the progress of the instant development project regardless of whether the representative director was in office

3) Meanwhile, the project cost for the instant development project shall be paid to the Village Association at the request of the Village Association, and the Village Association shall be executed by paying it to the Defendant Company and Q according to its purpose. (B) On December 209, the Plaintiff Company constituted a joint contractor with the Plaintiff Company and Q. Around December 2009, the Plaintiff Company was selected as a priority negotiation subject in Q Q’s construction bid and current design competition for the instant development project. On May 7, 2010, Q and the instant development project, the service cost shall be KRW 4.82 billion, which shall be determined as follows.