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(영문) 서울중앙지방법원 2020.04.29 2018가합563450
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff company as a party is a company established for the purpose of real estate development business, specialized maintenance business management business, etc., and there is C and D as its joint representative director, and the defendant is promoting B apartment house reconstruction project (hereinafter “instant project”) located outside Seocho-gu Seoul Metropolitan Government E and two parcels.

B. The Defendant should pay 30% 266,878,500 to the Plaintiff at the time of concluding the instant service contract at the time of applying for management and disposition (revision) pursuant to Article 5 (Contract Amount and Terms of Payment) payment ratio (266,878,50 (amended), 35% at the time of filing an application for management and disposition (amended), 30% at the time of liquidation of 311,358,250 (amended), 44,479,750 per cent at the time of liquidation of partnership 44,479,750 per cent at 889,595,00 per cent at the time of liquidation of partnership:

(2) The cost of the maintenance project that the Defendant pays to the Plaintiff Company shall be paid in accordance with the service schedule set forth in paragraph (1), and the loan of the Corporation shall be paid at the time when the payment is completed to the Defendant.

③ The Defendant’s payment for the rearrangement project to the Plaintiff Company shall be made in cash to the account of a financial institution designated by the Plaintiff.

Plaintiff

On April 4, 2017, the Company entered into a management service contract for the instant project (hereinafter “instant service contract”) with the Defendant, and the main contents of the service price, method of payment, etc. are as follows.

C. On April 4, 2017, the Plaintiff Company sent each official document of this case to the Defendant KRW 266,878,500 (including value-added tax, KRW 293,56,350) as the “CF and the Savings Bank Co., Ltd. Bank account” (hereinafter “CF account of this case”).

) The first official document requesting payment (hereinafter referred to as “instant first official document”)

(2) On November 21, 2017, the Plaintiff Company requested the Defendant to pay KRW 266,878,500 (including value-added tax, 293,56,350) to the “New Bank G and Deposit Holdings A” account (hereinafter “the instant new bank account”).

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