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(영문) 수원지방법원안양지원 2017.08.18 2016가합103953
용역대금지급
Text

1. The Defendant’s KRW 1,473,603,656 for the Plaintiff and KRW 5% per annum from September 3, 2016 to August 18, 2017.

Reasons

1. Basic facts

A. The defendant is a person who implements a housing reconstruction improvement project at the 3rd unit of Scattering-si, Ansan-si, and the plaintiff is a specialized manager for rearrangement project.

B. On February 21, 2013, the Plaintiff entered into a contract for the maintenance and improvement project service (hereinafter “instant service contract”) with the Housing Reconstruction and Improvement Project Promotion Committee (hereinafter “Promotion Committee”) with the following details.

A: The promotion committee and B: Plaintiff 4 (service amount and payment method) (1) the service cost shall be 9,500 won per square meter of a total floor area for construction (new construction) (excluding value-added tax).

Provided, That it shall be settled by the total floor area of construction (new construction) finalized after authorization for project implementation.

(2) The cost of services to be provided to Gap shall be determined by mutual consultation with Gap after the selection of the starting work, and shall be as follows:

1. Contract deposit: 10% of the total contract deposit at the time of concluding a contract;

2. The first intermediate payment: 10% of the total amount of the contract at the time of holding the inaugural general meeting;

3. Second intermediate payments: 20% of the total contract amount at the time of authorization to establish an association;

4. The third intermediate payment: 10% of the total contract amount at the time of a general meeting for selection of constructors;

5. Fourth intermediate payments: 10% of the total contract amount at the time of completion of the construction deliberation;

6. The fifth intermediate payment: 10% of the total contract amount at the time of authorization for project implementation;

7. The sixth intermediate payment: 20% of the total contract amount at the time of a management and disposal plan;

8. The seventh intermediate payments: 5% of the total amount of the contract at the time of transfer announcement;

9. Balance: 5% of the total contract amount at the time of liquidation. (4) The service charges that A pays to B shall be deposited into the account of a financial institution designated by B, and A shall be paid at the request of B in cash within 14 days.

Article 9 (Cancellation and Termination of Contract) (1) Where it is deemed that a Party A is unable to perform this contract due to the occurrence of any of the following causes, he/she may terminate all or part of this contract if he/she fails to perform this contract within the said period after giving written notice by registered mail of content certification for a specified period of 20 days:

4. A lending to A.

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