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(영문) 서울북부지방법원 2016.11.17 2015가합1738
용역대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The company established for the purpose of building design, etc. and the defendant A Housing Reconstruction and Improvement Project Association (hereinafter referred to as the "Defendant A Housing Reconstruction and Improvement Project Association") obtained authorization for the establishment pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the remaining

B. On June 15, 2006, the Plaintiff entered into a design service contract with the Defendant Cooperative (hereinafter “instant service contract”) with the following contents, and the remaining Defendants jointly and severally guaranteed the Defendant Cooperative’s obligations under the instant service contract.

Design name: Design service site location for the new construction of apartment units of A Housing Reconstruction Project Association (hereinafter referred to as the "new construction project of this case"): The scope of construction of housing sites: Affairs to prepare the basic design drawings, working design drawings, and other design plans necessary for the construction of a building for the construction of a building in Seoul Special Metropolitan City, Nowon-gu, and 124: The scope of additional service at the time of drawing up and selecting a contractor.

(b) Service period: from June 15, 2006 to inspection of use;

Services costs: KRW 50 million (excluding value-added tax; hereinafter the same shall apply). At the time of the contract, KRW 110 million, KRW 165 million, KRW 165 million at the time of authorization for the implementation of the project, KRW 220 million at the time of commencement, KRW 5 million at the time of inspection for use.

Defendant Union paid the Plaintiff KRW 275 million out of the service cost. D.

On November 1, 2006, the Defendant Union entered into a joint project agreement for the Housing Reconstruction Improvement Project (hereinafter “instant joint project agreement”) with the Hanyang Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on which the content of the Defendant Union’s provision of the land in Nowon-gu Seoul Special Metropolitan City and the provision of the apartment and auxiliary welfare facilities to the non-party company on its ground.

E. During the period from November 27, 2006 to December 28, 2007 under the instant joint business agreement, the non-party company lent a total of KRW 2298,348,040 as business expenses to the Defendant association, and lent KRW 200 million to the Plaintiff on April 25, 2007.

(f).

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