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(영문) 서울중앙지방법원 2016.06.15 2015가합502683
용역비
Text

Defendant B Company’s KRW 328 million among the Plaintiff and its KRW 148 million from November 26, 2014.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is an executor who has been running a new apartment house construction project (hereinafter “instant new apartment house construction project”) on the land outside 13, iasi-si, E and 13. Defendant C is a representative director of the Defendant Company, Defendant D is a director of the Defendant Company and the actual president, and the Plaintiff is a corporation that has been requested by the Defendant Company to provide services.

B. On August 7, 2013, the Defendant Company obtained the approval of the housing construction project plan with the floor area ratio of 195.33% and the total of 515 households with respect to the instant multi-family housing construction project from the Asan market.

C. On September 25, 2013, the Defendant Company entered into a project management service agreement (hereinafter “instant service agreement”) with the Plaintiff on the following grounds: (a) the Plaintiff and the instant multi-family housing construction project for the purpose of promoting the business plan to increase the return on the existing approved housing construction project plan; and (b) the Defendant Company requested the Plaintiff with all duties, such as the establishment of the project plan, the selection of construction works, the sale management, and marketing planning necessary for the implementation of the said project plan; and (c) the Plaintiff entered into the project management service agreement (hereinafter “instant service agreement”).

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

-P.M service contract (PRRJECT COMEMNTRAC)- The expiration date of the contract referred to in Article 2 means the date of commencement (the date of receipt of the starting date) after the completion of the approval for the business of the defendant company.

Article 4. Details of the services under this Agreement are the following consulting and implementation services for the services of the Defendant Company:

Matters related to the implementation of consultation on the selection of a construction project in the process of performing the construction management business by phase 1 shall be subject to the 2 approval of the project plan, the approval of the commencement of the construction project, and the review of design matters.

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