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(영문) 서울중앙지방법원 2018.08.31 2016가합549825
용역대금
Text

1. As to KRW 1,225,443,597 among the Plaintiff-Counterclaim Defendant and KRW 15,685,90 among the Plaintiff-Counterclaim Defendant and KRW 15,685,90, May 21, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) in Seodaemun-gu Seoul Metropolitan Government, and approved to establish an association by the head of Seodaemun-gu Seoul Metropolitan Government on September 26, 2008.

B. Before the Defendant’s establishment (hereinafter the committee does not distinguish between the above promotion committee and the Defendant, and refers to the Defendant’s “Defendant”) on May 29, 2006, the committee entered into a contract with the Plaintiff on the collective housing and ancillary welfare facilities (a total of KRW 2,854,125,000 (= design service cost of KRW 2,323,125,000 (excluding value-added tax separate, total floor space of KRW 35,00 per square, and total floor space of KRW 35,00)) with a total of KRW 2,854,125,000 (a total of KRW 2,323,125,129,422) with the Plaintiff on the rearrangement planning planning cost of KRW 531,00,00 (excluding value-added tax, total floor area of KRW 8,00 per square, total floor area of KRW 833 square meters per square, and a contract on the rearrangement planning (hereinafter referred to as “instant”).

C. The Plaintiff received 16,820,000 won on August 24, 2006 (20% of the total service amount), 23,640,000 won on November 26, 2007 (40% of the total service amount), and 58,410,000 won on May 28, 2008 (10% of the total service amount), and 408,870,000 won on May 28, 2008.

On the other hand, the Special Act on the Promotion of Urban Renewal, enacted on December 30, 2005, was enforced on July 1, 2006, and was designated as the urban renewal acceleration district on October 19, 2006 as the Seoul Seodaemun-gu Seoul Metropolitan Government Notification E on October 19, 2006.

On February 5, 2008, the area of the said urban renewal acceleration district was extended to 89,302 square meters as G public notice of Seoul Special Metropolitan City on February 5, 2008. H zone (H zone is again divided into the I zone, J zone, K zone), L zone, and M zone was designated within the said urban renewal acceleration district. The location of the said M zone is the area of Seodaemun-gu Seoul Western District C, Seodaemun-gu 262,890 square meters.

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