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(영문) 서울동부지방법원 2016.11.23 2016가단6492
약정금 등
Text

1. The Defendant’s KRW 163,268,292 as well as 5% per annum from March 26, 2016 to November 23, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant and C jointly concluded a partnership agreement to jointly construct a complex building with a total floor area of 13,984.45 square meters (4,230.29 square meters) on the Dongdaemun-gu Seoul, Dongdaemun-gu and E (4,230.29 square meters) (the 13th floor above the ground, the 73th floor below the ground, the 269 floor below the city-type housing, and the 269 residential facilities; hereinafter “F building”) and received a building permit from the Dongdaemun-gu Office around July 26, 2013.

B. On December 12, 2013, the Defendant entered into a C.M. and technical advisory service agreement with the Plaintiff to seek personal advice regardless of the above business agreement with respect to the construction of the F. building:

Article 3 (Scope of Services, etc. for Services, etc.)

1. The scope of C.M and technical consulting services provided by the Plaintiff to the Defendant is as follows, and additional services or advice after the contract term of this service shall be determined by mutual agreement between the Plaintiff and the Defendant.

1) Technical advice related to the project, review of various authorizations, review of opinions among related parties, and review of feasibility of P.F financing sites and support for implementation 2) review of feasibility of P.F financing sites; 3) consultation on the selection and management of sales companies; 5) consultation on the selection and management of sales companies; 6) consultation on construction supervision; 8) consultation on construction supervision; 9) review of design documents and ground survey; 10) support for maintenance registration; 11) support for part payments; 12) support for settlement of trust accounts and completion of part payments; 14) support for settlement of accounts and termination agreement; and 15) support for settlement of accounts of trust companies; and 16) support for business affairs conducted by the Defendant for this project; and 16) review of important information and data related to the project conducted by the Defendant; and review of various forms necessary for this project.

2. The plaintiff needs to entrust services to a specialized institution, such as legal advice, for the efficient performance of this service.

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