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(영문) 서울서부지방법원 2018.04.26 2017가합31364
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A reconstruction and rearrangement project association (hereinafter “Plaintiff association”) is established for the purpose of implementing a housing reconstruction and rearrangement project (hereinafter “instant project”) on the scale of 19,070 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the authorization of establishment on September 17, 2013, and the authorization of alteration was obtained on April 14, 2016, and Plaintiff B is the president of the Plaintiff association.

B. Defendant C Co., Ltd (hereinafter “Defendant C”) is a company whose business objective is improvement project management business, urban planning-related advisory business, etc., and Defendant D is the representative director of Defendant C.

C. On April 28, 201, the Plaintiff Union’s overall promotional force for the establishment of A-building and maintenance project partnership (hereinafter “instant promotion force”) concluded a contract for the specialized management of housing reconstruction and improvement project relating to the instant project with Defendant C, and between Defendant D’s spouse G Co., Ltd. (hereinafter “G”) with the representative director, and the design service contract concerning the instant project (hereinafter “existing design service contract”). On September 19, 2012, each of the instant contracts was terminated by the declaration of intent to terminate the instant promotion force.

On May 25, 2013, the Promotion Division concluded a contract for the management of the housing reconstruction and improvement project (hereinafter “instant service contract”) with Defendant C for the instant project. The main contents of the instant service contract are as follows.

Article 1 (General Provisions) A (Promotion Division) shall entrust B (Defendant C) with the services referred to in Article 4 due to the implementation of the instant project, and B shall fulfill its responsibilities and duties in good faith so as not to interfere with the implementation of the project, and A shall actively cooperate with B in accordance with the good faith and good faith so that B may perform its duties in good faith.

Article 4 (Scope of Services Provided for Maintenance Projects) (1) B shall directly perform the following maintenance and improvement projects services in connection with this contract, or advise A on the details of project implementation:

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