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(영문) 서울중앙지방법원 2019.04.04 2018가합531378
용역비
Text

1. The Defendant’s KRW 409,200,000 as well as 5% per annum from June 15, 2018 to April 4, 2019 to the Plaintiff.

Reasons

Basic Facts

Article 2 (Purpose of Services) of the General Conditions for Contracts (Purpose of Services) The Defendant is required to delegate the services of business management (PM) to the Plaintiff in promoting the new construction of the Ctel.

Article 3 (Period of Service)

1. The period of PM services shall be from February 9, 2017 (the date of conclusion of a contract) to the time the sales rate of officetels is reached by 80%;

IV.(Scope of operations and service costs, additional service costs)

1. The scope of duties shall be based on “PM service scope” in Appendix 1;

2. The service cost shall be 620,000,000 won; and

Article 5 (Methods and Timing for Payment of Service Fees)

1. The time and amount of payment of the PM service cost shall be determined through consultation between the plaintiff and the defendant:

16% of the total service cost of KRW 148,00,000 on the loan of 16% for the remainder of the total service cost of KRW 148,00,000 on the loan of 16% (24%) 148,000,000 on the loan of the total service cost of KRW 186,00 on the commencement date (30%) 186,00,000 on the 80% of the total service cost of KRW 186,00 on the month (30%) 10% on the 30% of the total service cost of KRW 186,00,000 on the loan of the total service cost of KRW 10,000 on the basis of a non-fixed contract

2. The service costs shall be paid in cash within seven days from the date of the request.

3. Where all or part of the service affairs has been interrupted due to the reasons attributable to the defendant, the defendant shall pay the progress payment based on the above payment proposal up to the time the service affairs already performed by the plaintiff were interrupted.

Article 6 (Scope of Defendant’s Services)

2. Scope of work - Authorization and permission related to land ownership and rights related to use - Payment of taxes and public charges related to a project - Selection of a designer, a construction contractor, a seller, etc. and conclusion of a contract under Article 7 (Scope of

2. The specific scope of services shall be “The scope of services” of “PMF1”.

In cases falling under any of the following subparagraphs, the parties to a contract may cancel or terminate this contract after notifying the other party thereof:

1. It is impossible for the plaintiff or the defendant to properly perform the project because he/she fails to comply with the terms of the contract without justifiable grounds.

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