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(영문) 서울고등법원 2019.02.01 2018나2029533
용역비
Text

1. All the plaintiffs' claims that were changed in exchange in this court are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. (1) The Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) is a company running the inspection, survey and supervision in the field of civil engineering, and technical service business in the field of construction. The Plaintiff Co., Ltd. (hereinafter “Plaintiff B”) is a company running the building design business, supervision business, service business, etc.

(2) (tentative name) D Housing Association (hereinafter “instant promotion committee”) is an organization organized for the purpose of establishing a regional housing association under the Housing Act to promote the project of developing the land of Pyeongtaek-si E-dong and constructing multi-family housing (hereinafter “instant project”).

(3) The Defendant Union is a regional housing association under the Housing Act, which obtained authorization to establish the association from Pyeongtaek-si on January 31, 2017 to implement the instant project.

B. On January 11, 2013, the instant promotion committee and the Plaintiffs entered into a service agreement with the instant promotion committee, which provides services, such as selecting a contractor and selecting service companies related to the instant project, overall agency business regarding the progress of local housing projects, financial advice and mutual consultation for securing project costs (P/F), and lending of cooperative operation expenses, etc., and concluded a service agreement with the promotion committee of the first instance on which 5% of the total sales of the instant project would be paid as remuneration.

Article 5 (Service Charges and Payment Methods)

1. Service costs: Not more than one week after the conclusion of the contract for the remaining 86,00,000 won of daily gold, KRW 430,000 (Won 430,000,000) - 129,000,000 for 30 days or less after the completion of the contract for the first time of the contract for the second time of the contract for the second time of the contract for the second time, within one week after the completion of the contract for the remaining 86,00,000 for the second time of the contract for the business within one week after the approval for the remaining 86,00,000,000 for the total of 430,000,000 for each stage of the service by additional tax; and

2.The payments of service costs shall be made in cash, classified by stages of service as follows:

3. The case of excluding the down payment.

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