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(영문) 대구지방법원 2013.11.22 2012가합9755
양수금
Text

1. The Defendant’s KRW 372,00,000 as well as 5% per annum from October 23, 2008 to September 27, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. Party status 1) The Defendant shall be the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(A) A housing reconstruction improvement project (hereinafter “the reconstruction project of this case”) with a content that constructs a new building (a total floor area: 164,153.77 square meters and approximately 49,743 square meters) on the land in Daegu-gu, Daegu-gu, Seoul-gu, which is designated and publicly announced as a rearrangement zone and constructs a new building (a total floor area: 164,153.7 square meters)

The reconstruction and rearrangement association established for the purpose of implementing the project and approved the authorization of establishment on August 3, 2007 is the reconstruction and rearrangement association. 2) Cyddi Cyd Co., Ltd. (hereinafter “Cyddi”) is a business operator who has completed the registration of the rearrangement project management business.

B. On March 26, 2007, C&C entered into a service contract (hereinafter “instant service contract”) with the Defendant regarding the management services of the instant reconstruction project (hereinafter “instant service business”). The main contents of the instant service contract are as follows:

(A) Article 3 (Management Service Costs and Payment Methods) (1) of the terms of the service contract shall be paid in cash within one month from the bid bond or loan made by the City Corporation for the project (such as various deliberations, evaluations, operating expenses, and project implementation expenses related to the project) by the “B” before the City Corporation is selected separately from the total floor area (e.g., daily 56,000) / Additional tax.

When the NO payment rate (%) of 10% of the total service fee is approved for the 10% non-high-level 1 project implementer, the total service fee shall be 15% of the total service fee (within one month after the authorization is granted) when 10% of the total service fee is granted when 4% of the total service fee is granted when 5% of the total service fee is granted when 10% of the total service fee is granted when 5% of the project implementation authorization is granted when 10% of the total service fee is granted when 15% of the total service fee is granted when 15% of the total service fee is granted when 6% of the total service fee is approved.

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