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(영문) 서울북부지방법원 2020.06.11 2019가합25954
계약금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 278,041,544 out of KRW 342,741,544 and the said amount with full payment from September 19, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running a rearrangement project management business, etc., and the Defendant is a promotion committee organized to establish a housing redevelopment project association to implement a housing redevelopment project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the size of 93,697 square meters as the business district in Dongdaemun-gu Seoul Metropolitan Government

B. On February 26, 2014, the Plaintiff entered into a contract with the Defendant for the maintenance and improvement project (hereinafter “instant contract”) with the content that the Plaintiff performed services for the implementation of the instant project, including vicarious execution of business affairs for authorization for establishment of a partnership for maintenance and improvement projects, authorization for implementation of a project, and establishment of a management and disposal plan, and received service

The main contents of the instant service contract are as follows.

1. Title of service: Duties of specialized management of the rearrangement project for housing redevelopment and rearrangement project in Zone B;

2. Location: The location of Dongdaemun-gu Seoul Metropolitan Government C;

3. Contract price: contract price: 1) contract price: 252,765.04 square meters in size (in bidding, the size of presentation site at the time of bidding, and the size of a rearrangement zone designation): Contract price shall be calculated by multiplying the contract price by the total floor area of 2) planning. The contract price shall be determined and settled at the time of authorization for the project implementation, with the total floor area (total floor area of construction of construction facilities, such as apartment, commercial building, and other appurtenant welfare facilities) determined at the time of authorization for the project implementation: from the contract date to the dissolution of the partnership: Article 3 (Scope of Services) from the contract date to the contract date:

1. Vicarious execution concerning the consent to rearrangement projects for the establishment of cooperatives;

2. Vicarious execution of affairs concerning the application for authorization to establish an association;

3. Review on feasibility and preparation of an implementation plan for a rearrangement project;

4. Support for the business to select the designer and work executor;

5. Vicarious execution of affairs concerning application for authorization for project implementation;

6. Business affairs concerning the formulation of management and disposal plans by proxy.

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