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(영문) 부산고등법원 2018.04.19 2017나52729
용역비 반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The status of the Plaintiff is a company with the objective of real estate management development business, real estate consulting, and related service business.

The defendant was established as the "D Area Housing Association Promotion Committee" for the purpose of the project for redevelopment of the housing of Ulsan-gu Seoul Central Housing Association on November 15, 2015 and applied for the authorization of the establishment of the regional housing association on December 18, 2015, after the inaugural general meeting on November 15, 2015, and obtained the authorization of establishment on April 8, 2016.

(b) Article 4 (Service Fees and Costs for Establishment of Public Relations Centers, Advertisement Agency Expenses) (1) of the conclusion of a service contract shall be KRW 700,000,000,000.

Article 5 (Claims and Payment of Service Fees) (1) Any balance shall be paid KRW 300,000,000 as down payment at the time of entering into a contract with a contractor, and any balance shall be paid KRW 400,000,000 as at the time of the contract with the contractor.

(Additional Clause). 6 (Grant of Exclusive Right) ① In order to efficiently promote this service and prevent confusion in all the affairs, the promotion committee shall recognize a counter (hereinafter referred to as “service exclusive right”) in relation to the attraction, etc. of construction works required in the process of promoting this project to the Plaintiff.

Provided, That the period shall be from the service contract to the time of receipt of the regional housing association establishment.

(2) No promotion committee shall terminate a contract with a contractor, a public relations center constructor, or an advertising agency introduced by the plaintiff without the plaintiff's consent.

reasonable service fees should be paid in the event of the passage.

On March 10, 2015, the Plaintiff entered into a service contract (Evidence A 1; hereinafter “instant service contract”) with the Committee for Promotion of the Regional Housing Association (hereinafter “Promotion Committee”) which is the Defendant’s telegraphic body, and added some of the details thereof on May 2015 (Evidence B 1). The main contents are as follows.

C. On April 2015, the Plaintiff: (a) signed a business agreement (MOU) and notified the termination thereof; (b) On April 2015, 2015, the Plaintiff is a corporation E (E) with the Promotion Committee for

(b).

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