Text
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a rearrangement company registered as a rearrangement project management company under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the Defendant Mutual Association is a reconstruction association established for the purpose of
B. On February 2, 2004, the Plaintiff entered into a management service contract (hereinafter “instant service contract”) with regard to the housing reconstruction improvement project for the Daegu North-gu Seoul Northern District D (hereinafter “instant rearrangement project”) with the establishment promotion committee of the Defendant Union, with the following contents.
【Contents of the service contract” Article 2 (Scope of Business Affairs) The Plaintiff shall advise, manage, or act on behalf of, the following business affairs, among the business affairs to be promoted by the Defendant Union:
1.Administrative affairs,
2. Operation of the partnership:
3. The selection of partner;
4. Conclusion of contracts,
5. Analysis of project plans:
6. Designation of a rearrangement zone and approval of a project plan;
7. Operations to move and remove members;
8. Litigation Affairs;
9. A management and disposal plan formulation agency, 10. Sale by units, 11. Construction and management affairs, and 12. An agent for liquidation affairs of an association;
1. In order to achieve the purpose of this Agreement, the Defendant Cooperative shall pay to the Plaintiff the service cost of KRW 1,155,130,000 (excluding value-added tax) after the selection of the contractor.
The service cost of KRW 1,155,130,00 is calculated by multiplying the total floor area of contract standards by the unit price of KRW 19,850 per square year (excluding value-added tax).
The final service price shall be settled and determined based on the area approved for the project.
Provided, That when an increase or decrease in the area due to a design change occurs, the defendant union and the plaintiff shall consult on and adjust the service amount.
The methods and timing for the payment of service fees under Article 4 (Methods for Payment of Service Fees) shall be determined by the plaintiff in consultation with the contractor in the process of selecting the contractor.
Article 8 (Termination of Contract with Defendant Union) When any of the following events occurs while carrying out services after the conclusion of this Agreement: