(영문) 서울중앙지방법원 2015.06.12 2014가합547528

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(영문) 서울중앙지방법원 2015.06.12 2014가합547528

약정금

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1. The part of the plaintiff A’s lawsuit against 70,061,100 won and damages for delay shall be dismissed.

2. The defendant, as well as a family.

Reasons

1. Basic facts

A. Article 4 (Scope of Maintenance Business Services) of the Agreement on Specialized Management of Housing Reconstruction Services (Scope of Maintenance Business Services) “B” means the provision of the following services directly or the provision of services to “A” in connection with this Agreement:

1. Support for and consultation on business affairs for authorization for implementation of projects;

2. Application for approval for and consultation on amendment of a management and disposal plan;

3. Support for and consultation on affairs related to occupancy;

4. Support for and consultation on transfer and public announcement;

5. Other matters concerning support.

(a) Support for and consultation on the selection of collaborative companies;

B. The loan 195,800,000 won (hereinafter “the loan in this case”) granted from B to A following the conclusion of the business agreement shall be repaid in cash immediately when the loan in this case from the financial right is deposited into the side.

Article 8 (Amount of Service and Terms of Payment) (1) The amount of service shall be paid from the total amount of service to the following rates: Provided, That in cases of increase or decrease in the total floor area, the increase or decrease in the total area shall be made after settling accounts from the date of occurrence of causes for increase or decrease in the total area.

1. KRW 180,000 (excluding value-added tax; hereinafter the same shall apply) which is 20 percent of the contract amount at the time of concluding the contract;

2. 180,000 won which is 20% of the contract amount at the time of selecting the contractor;

3. Amount of KRW 180,000,000, which is 20% of the contract amount when the construction deliberation is completed.

4. KRW 180 million, which is 20 percent of the contract price at the time of authorization for project implementation;

5. 135 million won, the contract amount of which is 15% when the modification of the management and disposal plan is approved;

6. The cost of the rearrangement project that A pays to B for five percent of the contract amount at the time of liquidation. (2) The cost of the rearrangement project that A pays to B shall be paid by A at the request of B according to the service schedule set forth in paragraph (1) within 14 days, and A shall not delay the payment of the cost of services without justifiable grounds.

Article 13 (Cancellation or Termination of Contract) (1) A shall perform all of the contract in any of the following cases:

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