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(영문) 울산지방법원 2018.09.20 2018가합20657
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 4,148,00,000 and the interest rate of KRW 15% per annum from February 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established on December 10, 2014 for the purpose of real estate sale business, consulting service business, etc., and the Defendant is a regional housing association established on September 25, 2015 for the purpose of constructing a new apartment house with the residents of Ulsan Metropolitan City in Ulsan-gu C Day (hereinafter “instant project site”) located in Ulsan-gu Seoul Metropolitan City on September 25, 2015.

B. On January 2015, the Plaintiff entered into an agency contract (hereinafter referred to as “instant agency contract”) with the following terms, which is to receive an amount calculated by multiplying the number of apartment units by KRW 10 million (the planned number of households, KRW 8.46 billion, KRW 8.46 billion, including the provisional agency fee, value-added tax, and KRW 9.6 billion including value-added tax; hereinafter referred to as the “instant agency contract”) at the time of obtaining the approval for the housing construction project plan as an agency fee, with the committee for promotion of the D Regional Housing Association (hereinafter referred to as the “D Regional Housing Association Promotion Committee”).

The purpose of Article 1 (Purpose) of the Administrative Service Agency Agreement is to entrust the affairs of the association to the Plaintiff equipped with specialized knowledge and development know-how in relation to the regional housing association project shop in order to promote the stabilization of the living of the homeless people and to efficiently and effectively promote the affairs incidental thereto by constructing the apartment of the regional housing association in the instant project site, and to provide the instant promotion committee with the transmission and development know-how for the successful completion of the project.

Article 2 (Business Division)

1. The instant promotion committee and the Plaintiff shall share their respective duties for the prompt and normal performance of the instant project in good faith, and shall cooperate with each other, and shall be responsible therefor.

2. The case.

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