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(영문) 광주지방법원 2020.11.13 2019나65442
용역비
Text

The judgment of the first instance is modified as follows.

The defendant's KRW 64,00,000 and its relation to the plaintiff on December 16, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company aimed at providing real estate-related services and providing real estate consulting services, and the Defendant is a specialized management businessman of rearrangement projects and a company with the aim of providing rearrangement project management business and related service business.

B. On October 13, 2016, the Plaintiff entered into a specialized technical service agreement with the Defendant to prepare a management and disposal plan necessary for the authorization of the C Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and to provide advisory services, etc. thereon at KRW 80,000,000,000.

(2) The term of contract for the instant service contract is determined from the date of the contract to the date of acquisition of the authorization for the management and disposal plan. The term of contract for the instant service contract was determined as KRW 16 million at the time of the contract, KRW 24 million at the time of delivery of the management and disposal plan, KRW 16 million after the opening of the general meeting for management and disposal, and KRW 24 million at the time of completion of the authorization for the management and disposal plan.

C. Upon entering into the instant service contract, the Plaintiff received down payment of KRW 16 million from the Defendant.

The Plaintiff prepared a management and disposal plan (draft) and submitted it to the Defendant and the instant partnership, and the instant partnership held a general meeting on July 28, 2017 and passed a resolution to establish a management and disposal plan.

E. On August 21, 2017, the Plaintiff submitted an application for approval of the management and disposal plan to the Gwangju North-gu Office, and the instant association obtained authorization of the management and disposal plan on September 28, 2017.

F. On the other hand, on September 26, 2017, the Plaintiff sent to the Defendant a content-certified mail seeking payment of KRW 16 million, which is to be paid after holding a general meeting for management and disposal, for the service charges of KRW 24 million and the service charges to be paid after the delivery of the management and disposal plan in accordance with the instant service contract. On the other hand, the Plaintiff sent again a content-certified mail on December 11, 2017.

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