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(영문) 서울고등법원 2016.09.13 2015나2043248
용역대금
Text

1. Of the judgment of the first instance, the part against the Defendant ordering payment to the Plaintiff in excess of KRW 2,981,660.

Reasons

1. Basic facts

A. On April 11, 2003, the Dongdaemun-gu Seoul Metropolitan Government Promotion Committee for Redevelopment Project with approximately KRW 178,570 square meters as a project implementation district (hereinafter “instant Promotion Committee”) entered into a design service contract with 30,000 won per square meter of the total floor area in relation to the performance of the design service of the redevelopment project and the relevant authorization and permission, etc. of the redevelopment project (hereinafter “Seoul”), which entered into a design service contract with Samju Co., Ltd. (hereinafter “Seoul”), and paid KRW 899,679,000,000 (hereinafter “instant down payment”), including value-added tax, to Samju-dong, Seoul.

B. Around February 12, 2004, the instant promotion committee pointed out that the application for authorization was rejected in the process of implementing the said redevelopment project, and expressed its intent to cancel the said service contract on the ground that the specialized maintenance business operator was unable to perform his design duties by implementing the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and filed a lawsuit claiming the return of the down payment and the down payment on February 17, 2005 against the Samcheon-si seeking the return of the down payment.

In the first instance court of the above case (Seoul Northern District Court 2005Gahap1159), the request of the Promotion Committee of this case was dismissed, but on June 8, 2006, the appellate court (Seoul High Court 2005Na79457), which had been pending in the appellate court (Seoul High Court 2005Na79457), the mediation was concluded that "Yeju-Nc paid KRW 250 million to the Promotion Committee of this case on July 31, 2006, and paid KRW 150 million each on September 30, 2006."

C. On November 22, 2004, the Plaintiff entered into a service contract with the instant promotion committee and the redevelopment project development project planning with a service cost of KRW 480 million.

(5) D.

On August 12, 2005, the plaintiff applied mutatis mutandis the above design service contract entered into by Sam Jong-sung to the above design service contract.

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