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(영문) 서울서부지방법원 2016.02.05 2014가합38012
용역비
Text

1. The Defendant’s KRW 491,749,700 for the Plaintiff and 6% per annum from April 14, 2015 to February 5, 2016.

Reasons

1. Facts of recognition;

A. From January 2012, the Plaintiff was awarded a contract for providing services, such as collecting written consents to the establishment of a partnership by the Housing Redevelopment Improvement Project Promotion Committee (hereinafter “instant promotion committee”).

B. Around May 17, 2012, the Plaintiff settled the amount of services previously provided, such as demanding a written consent form, at KRW 229,510,00,000 with the instant promotion committee; on the other hand, the Plaintiff agreed to provide services, such as demanding a written resolution to be additionally provided by June 30, 2012 in relation to the inaugural general meeting of the partnership at KRW 252,020,00,000, in total, KRW 481,530,000 (i.e., KRW 229,510,000,000, KRW 252,020,000,000 from the Seoul Metropolitan Government for public management funds, and the remainder was paid upon a subsequent consultation.

(hereinafter “instant contract”). C.

The Plaintiff provided services to the instant promotion committee according to the instant contract, and the instant promotion committee was established by obtaining authorization for establishment around August 2012.

Around February 22, 2013, the Defendant agreed with the Plaintiff to reduce the service cost of the instant contract from KRW 481,530,000 to KRW 456,627,00.

E. The Defendant applied for a loan of KRW 500 million to Seoul Metropolitan Government in 2013, but did not receive all the above loan due to the lack of financial resources of Seoul Metropolitan Government. In 2014, the Defendant did not apply for a loan due to the internal circumstances of the Defendant, and received KRW 80 million from Seoul Metropolitan Government on April 13, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3-6 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is charged with KRW 456,627,00 for the service cost of the instant contract agreed to be reduced to the Plaintiff as of February 22, 2013, except in extenuating circumstances.

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