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(영문) 수원지방법원 2019.01.29 2017가합22172
용역대금 등
Text

1. The Plaintiff:

A. Defendant J shall pay KRW 301,053,940 as well as 15% per annum from October 17, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On March 26, 2008, the Plaintiff entered into a contract for rearrangement project management services (hereinafter “instant contract”) with a rearrangement project management company, and with an association establishment promotion committee for B housing redevelopment project (hereinafter “instant promotion committee”) on the B housing redevelopment improvement project (hereinafter “instant project”). The Plaintiff entered into a contract for rearrangement project management services (hereinafter “instant contract”) with an ordinary service cost of KRW 26,500 (excluding value-added tax) and a total floor space of KRW 49,196.7.

The main contents of the instant contract relating to the instant case are as follows.

Article 9 (Service Price and Payment Method)

1. The service cost shall be 26,500 won per square meter (excluding value-added tax) on the basis of the total floor area of the building;

2. The total floor space under paragraph (1) shall be determined on the basis of the basic design, and the settlement of total service costs shall be settled based on the standards for the total floor space determined at the time of

3. The service costs under paragraph (1) shall be paid at the following rates according to the project implementation phase, and the price for the service duties performed by AC shall be deducted and paid:

Provided, That even if the date of payment arrives, the promotion committee of this case shall be paid within 10 days from the date of borrowing it from the contractor or financial institution.

(1) At the time of concluding a contract: 10% of the total service cost. (2) The determination and public notice of district designation: 20% of the total service cost (including 10% of the approval of a promotion committee). (3) When the establishment of an association is authorized: 20% of the total service cost.

4. The costs and timing for the service duties performed by AC shall be determined through mutual consultation between the Plaintiff and the Promotion Committee of this case.

Article 12 (Cancellation or Termination of Contracts)

1. The promotion committee of this case may cancel or terminate all or part of the contract in any of the following cases:

Where the Plaintiff did not commence business by the prescribed deadline agreed in writing or orally with the promotion committee of this case.

B. The disposition of suspension of transactions by financial institutions, bills, or notes

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