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(영문) 부산고등법원(창원) 2017.08.24 2016나24362
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts: 【Contents of Development Project】

1. Project name: (tentative) A development project for apartment buildings D;

2. Location: C in the case of a show of residence; and

3. Area of land: approximately 42,272.7 square meters;

4. Use of the building: The above contents, including the apartment houses and other welfare facilities, may be somewhat altered during the course of the project.

Article 3. 【Contents of Services】 The Plaintiff shall perform the following matters in relation to the development project:

1. The Plaintiff shall ensure that the Defendant and the landowner enter into a real estate sales contract, at least 90 percent of the total land area of the development project under Article 2, subject to paragraph (2).

2. The Plaintiff is entitled to enter into a real estate sale contract with the land owner on the following terms:

When concluding a real estate sales contract for non-fixed down payment paid at the time of payment, 10/100 of the sales amount shall be three months after the payment of the remainder of ten percent of the sales amount for three months from the date when the real estate sales contract is concluded, and some of the payments shall be 80/100 of the sales amount after authorization and permission.

(a) The terms and conditions for payment of the price for the sale of real estate are as follows, and if otherwise agreed between the defendant and the landowner, the terms and conditions of payment may vary:

B. To undertake the Defendant’s development project, all documents related to the authorization and permission process, such as the land owner’s written consent to land use, can be received at the time the Defendant wishes.

3. The plaintiff must complete the work under paragraph (1) within a month from the date of conclusion of this contract.

Provided, That the deadline may be extended by agreement between the defendant and the plaintiff.

【Payment of Service Cost】

1. The defendant shall pay the amount of 50 million won (excluding 500,000,000 won, value-added tax) to the following account when the plaintiff completes the business under Article 3(1) within the period under Article 3(3).

(Account Number omitted) On April 13, 201, the payment amount paid at the time of payment, 30,000 won at the time of the conclusion of this contract.

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