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(영문) 서울중앙지방법원 2015.05.07 2014가합11302
부당이득금반환등
Text

1. The Plaintiff and the Defendant Ireland Co., Ltd. have a claim on the attached list between the two hundred and twenty days.

Reasons

1. Basic facts

A. Under Article 13 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8852 of Feb. 29, 2008), the Gu Ri Mayor approved the establishment of the Housing Redevelopment Promotion Committee (hereinafter “Defendant Promotion Committee”), which is the promotion committee for the establishment of the association to implement housing redevelopment improvement projects (hereinafter “instant rearrangement projects”) at the 327-168 Won-dong, Guri-si, Guri-si, Dongri-si, pursuant to Article 13 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No.

B. On December 30, 201, the Plaintiff entered into an agreement with Defendant Oenland Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to jointly carry out management services for the rearrangement project of the instant rearrangement project by organizing a consortium (hereinafter “instant consortium”). The main contents are as follows.

Article 3 (Classification, etc. of Services) (1) The ratio of the business performance of the defendant company and the plaintiff to the allocation of rearrangement project costs to the defendant company and the plaintiff shall be 50% of the defendant company and 50% of the costs for rearrangement project in the joint performance of the rearrangement project of the

② If the consortium of this case is subsequently selected as a specialized management businessman of the project, the defendant company and the plaintiff shall perform the following duties:

All of the business management services specialized in this project shall be performed by the defendant company, and the plaintiff shall assist the defendant company in providing the services.

Article 4 (Payment of Funds) (1) The plaintiff shall bear the full amount of the performance guarantee amount in relation to the payment of the performance guarantee money according to the public announcement of tender for the management entity specialized in the project.

C. Since January 2012, the instant consortium participated in the tendering procedure for the selection, etc. of a management entity specialized in improvement projects ordered by the Defendant Promotion Committee, and the instant consortium was selected as a management entity specialized in improvement projects at the residents’ general meeting held on July 26, 2012.

The defendant promotion committee.

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