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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. In order to promote an urban environment improvement project for the size of 59,889 square meters in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant rearrangement project”), the Defendant is an organization comprised of owners of land, etc. in the zone where the instant rearrangement project is implemented pursuant to Article 8(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The Plaintiff is a company established on October 24, 2005 in order to manage specialized management business, etc. related to the urban environment improvement project.
B. The Plaintiff’s representative C and E (hereinafter “E”) established to operate specialized management business, etc. of urban environment improvement projects related to urban environment rearrangement projects, like the Plaintiff. On August 2008, E and the Defendant entered into an agency contract for the instant improvement project (hereinafter “instant 1 service contract”), setting the contract amount as 12,000 won per square meter per total floor space (excluding value-added tax) with the Defendant. From around that time, E and the Defendant performed the instant improvement project as proxy pursuant to the instant 1 service contract.
C. Around 201, while performing the instant rearrangement project as proxy in accordance with the instant 1 service contract, the business registration was terminated ex officio due to aggravation of management status, etc., and even though the business registration has been terminated ex officio, F, an operator of E, provided the Defendant with the services under the instant 1 service contract continuously and provided the Defendant with the services under the instant 1 service contract. On January 4, 2013, E, as its representative director, established G (hereinafter “G”) with the same name as that of the Plaintiff.
Since then, around September 2013, G and Defendant G provide the Defendant with the instant rearrangement project agency services, and the Defendant shall pay G to G the amount of KRW 2,856,210,000 (excluding value-added tax) with the service payment (hereinafter “instant 2 service contract”).