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(영문) 서울중앙지방법원 2015.05.26 2013가합556594
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a service contract between the Plaintiff and the Defendant 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) The Housing Reconstruction Improvement Project (hereinafter referred to as the “instant Project”) in Jongno-gu Seoul Jongno-dong 71-1, Jongno-gu.

(2) On December 23, 2009, a service contract with the content that the Defendant and the Defendant will perform the services following the implementation of the instant project (hereinafter “instant contract”) as an association established to implement the project (hereinafter “instant contract”).

A) Around that time, the Defendant borrowed KRW 198.5 million from the Defendant. 2) The main contents of the instant contract are as follows.

Article 4 (Scope of Services in Rearrangement Project) (1) B shall perform the following services in connection with this contract directly or consult and support Gap's service performance, and the preparation and handling of documents related to the services in the rearrangement project shall be governed by the relevant Acts and subordinate statutes, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Decree, the Enforcement Rule, and Municipal Ordinance, the regulations of the Promotion

1. Support for and consultation on business affairs for authorization for implementation of projects;

2. Application for approval for and consultation on amendment of a management and disposal plan;

3. Support for and consultation on projects related to occupancy;

4. Support for and consultation on transfer and public announcement;

5. Other support (1) Assistance and advisory services for the selection of partner companies: (2) Assistance and consultation services for the preparation of data, such as meeting of representatives, board of directors, general meeting, etc., and the total service costs under this contract shall be the amount calculated by multiplying the total service costs by the total sum of KRW 1,90,000,000,000 (including underground floors) at the association’s general meeting on November 26, 2009, but the total service costs under this contract shall be the amount calculated by multiplying the total building space (including underground floors) of a newly constructed building by 30,000,000,000 won per square meter for the total building space (including 30,

Provided, That value-added taxes shall be separately imposed, and shall be implemented in accordance with the provisions of this Agreement.

In the future, the total floor area of the project shall be subject to separate consultation.

. When authorization for project implementation (including modification) is granted.

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