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(영문) 서울중앙지방법원 2020.02.28 2018가단5222979
용역비
Text

1. The Defendant’s KRW 87,120,00 for the Plaintiff and KRW 5% per annum from November 22, 2018 to February 28, 2020.

Reasons

1. Basic facts

A. On May 15, 2007, the Plaintiff is a rearrangement project management company that operates real estate business, and the Defendant is a rearrangement project association established for the urban environment rearrangement project of Yongsan-gu Seoul Metropolitan Government D (hereinafter “instant urban rearrangement project”). On May 15, 2007, the Defendant entered into a service contract (hereinafter “basic service contract”) with the Plaintiff, setting the service amount of KRW 5,00 per square meter of the total floor area of the newly constructed building, from the date of concluding the service contract to the time of completing liquidation of the Defendant.

B. On June 9, 2017, the Plaintiff entered into an additional service contract (hereinafter “additional service contract”) with the Defendant regarding the establishment and authorization of a management and disposal plan, and the interim settlement between the Defendant and its members pursuant to the basic service contract. The main contents are as follows.

1. Services: Formulation/authorization of modification of a management and disposal plan, and interim settlement of cooperative members;

2. Amount of services: 198,000,000 won (excluding value-added tax).

3. Service period: When management and disposal is authorized from the execution date of contract.

4. The number of service personnel: One executive officer and one general staff.

5. Payment of service costs: The timing and rate of payment of service costs shall be as follows, and the defendant shall pay it within 30 days after the plaintiff's request:

C. Around June 15, 2018, the Plaintiff, while carrying out the duties under an additional service contract, filed a report on the management and disposition plan with Yongsan-gu, and around June 20, 2018, he/she obtained the authorization for the change of the management and disposition plan with respect to the Defendant from Yongsan-gu, which was publicly notified in the Yongsan-gu Newsletter on June 22, 2018.

The Defendant paid 59,400,000 won (excluding value-added tax) to the Plaintiff according to the additional service contract, and the Plaintiff paid 152,460,000 won to the Defendant as the remainder of service payment following the completion of additional service around July 30, 2018.

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