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(영문) 부산지방법원 2020.06.11 2019가합41252
용역비
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established for the improvement project management business, housing construction business, etc., and the Defendant is an association established for reconstruction improvement business under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which removes existing B apartments, etc. and reconstructs new apartment units (hereinafter “the reconstruction business of this case”).

B. On December 4, 2017, the Defendant concluded a service contract with the Plaintiff to commission specialized management services related to the instant reconstruction project (hereinafter “instant service contract”) (hereinafter “instant service contract”), and the main contents thereof are as follows.

The name of service contract for the specialized management service contract for B apartment-building rearrangement project: The location of service for specialized management of B apartment-building rearrangement project: 4,65 square meters: 43,842.66 square meters: Contract unit price of 43,842.66 square meters: x 21,000 won per 1 square meter per total floor area of new construction (excluding value-added tax), but the total building area obtained with authorization for project implementation shall be determined based on the total building area obtained.

Service period: From the date of conclusion to the time of liquidation of partnership.

The term "A (the defendant; hereinafter the same shall apply)" and "B (the plaintiff; hereinafter the same shall apply)" shall comply with the relevant Acts and subordinate statutes and the articles of association, such as the Enforcement Rule of the Urban Improvement Act, the Enforcement Rule of the Municipal Ordinance, and the Enforcement Rule of the Municipal Ordinance, and shall implement this contract in accordance with the principle of mutual trust and good faith

In addition, Article 4 (Scope of Maintenance Services) of the Terms and Conditions of the Contract for Specialized Management Services for Housing Reconstruction Maintenance Business (Scope of Maintenance Services) "A" shall request "B" to perform the following matters, and "B" shall fulfill the terms and conditions of the contract in good faith:

(1) “B” shall, in relation to this contract, directly perform the following services or provide “A”:

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