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(영문) 서울고등법원 2019.01.11 2017나2041505
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant is a regional housing association that implements the instant housing construction project, which newly constructs apartment, auxiliary facilities, neighboring facilities, etc. in the Jeju-si Zone, and obtained authorization for establishing an association on March 27, 2014.

B. On April 15, 2015, the Plaintiff and the Defendant succeeded to the former company’s status as a contractor for PM management services, and concluded the instant service contract for the instant housing construction project to engage in PM affairs.

C. Under the instant service contract, the Plaintiff’s work and service costs were determined as follows.

(1) The Plaintiff’s duties are divided into ① basic progress PM, ② business progress PM, ③ business finance-related, ④ business liquidation (Article 5) and service charges (Article 5) and ② business progress PM, ③ financial-related business, ④ business affairs, ④ business liquidation, and the part concerning “other business affairs”, which are business liquidation.

(6) Article 6. The remuneration for the “PM’s basic progress” shall be KRW 1,500,000 (excluding value-added tax).

Article 22(1) of the former Company’s Act provides that the Plaintiff shall make a proposal to the Defendant after arranging the details of the previous company and the claim group in accordance with the former Company’s basic progress on the basis of the amount excluding the service cost, and the amount, time and method of payment shall be further agreed by the Plaintiff and the Defendant.

On April 17, 2015, the Plaintiff received KRW 500,000,00,000 from the Defendant to receive at the time of entering into the instant service contract among “PM business” service costs.

Loans 1 No. 25,00,000 won on May 22, 2015, 2015, KRW 15,000 on May 29, 2015, KRW 30,000 on June 1, 2015, KRW 40,000 on June 4, 2015, KRW 50,000 on June 1, 2015, KRW 50,000 on June 10, 2015, KRW 60,000 on June 10, 200, KRW 500 on June 11, 2015; KRW 70,50 on June 24, 200, KRW 00 on KRW 50,00 on KRW 10,00 on June 22, 200, KRW 500 on KRW 50,00 on June 30, 2015;

E. In the process of implementing the instant service contract, the Plaintiff is as follows.

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