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(영문) 청주지방법원 2019.05.17 2018가합5796
계약관계존재확인 청구의 소
Text

1. A contract between the Plaintiff and the Defendant for relocation management, removal, and construction waste disposal services entered into on May 30, 201.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established on October 11, 1994 for the purpose of redevelopment and reconstruction relocation service business, etc., and the Defendant is a maintenance and improvement project association established on August 6, 2009 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of the redevelopment and reconstruction improvement project for Cheongju-si C Day redevelopment Project (hereinafter “instant improvement project”).

B. On May 4, 2011, the Plaintiff submitted to the Defendant a proposal for participation in the project of the removed company (hereinafter “instant proposal”) stating the following terms: “The Plaintiff shall pay 1.5% of the total bid amount as security deposit, and pay 1.5% of the total service cost as a loan between 15 and 15 months each month after entering into a contract, and shall comply with any decision of the association upon non-performance.”

C. On May 30, 201, the Plaintiff and the Defendant concluded a service contract (hereinafter “instant service contract”) with respect to the relocation management, removal, and construction waste disposal among the instant improvement projects, as follows:

(‘A’ means the Defendant, “B”, and “B” means the Plaintiff). Resettlement management/ removal and construction waste disposal service contracts.

4. Contract period: From the date of conclusion of a contract to the time of completion of removal works after passing through an inspection.

5. Period for construction: Relocation and removal within ten months from the date of commencement of relocation after authorization for management and disposal;

7. Contract amount: In cases falling under any of the following subparagraphs, Article 11 (Cancellation of Contracts A) of the terms and conditions of the contract for daily gold (land area of 3.3 square meters), KRW 145,00,00 and the total amount of KRW 9.72,930,00 (Value-Added Tax Separate), Party A may rescind all or part of the relevant contract:

(3) It is deemed that the violation of the terms and conditions of a serious contract makes it impossible to achieve the objective of the contract from an objective view.

(9) Where the contract terms are violated and the objective cannot be achieved due to such violation, Article 23 (Other Matters) (3) Lending expenses shall be refunded after the selection of the contractor.

(4) Business participation.

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