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(영문) 부산지방법원동부지원 2015.05.01 2014가합2289
전부금
Text

1. The Defendant: (a) KRW 297,668,400 for the Plaintiff and KRW 5% per annum from July 15, 2014 to May 1, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a creditor of the amount of KRW 400 million for Saturdays (hereinafter referred to as “stock company’s name”) established for the purpose of the rearrangement project management business, etc., and the Defendant is a housing reconstruction and improvement project association approved by the head of the Busan Si/Gun/Gu on October 5, 2010 for the purpose of implementing the reconstruction improvement project for the Gangseo-gu Busan (hereinafter “instant rearrangement project”).

B. On August 7, 2009, the Defendant’s Seoul Housing Reconstruction Project Promotion Committee (hereinafter “Promotion Committee”) entered into a contract for specialized management of the rearrangement project (hereinafter “instant service contract”) with the purport that it will delegate administrative services, etc. regarding the instant rearrangement project to the Saturdays, including the execution of the service contract, and its main contents are as follows.

Specialized management services contracts for rearrangement projects

(a) Business name: 24,177.00 square meters (7,313.54 square meters) for a site area for B-Ba Housing Reconstruction Project: 86,290 square meters (26,102.84 square meters) for a newly built total area:

(b) Contents of contract: All administrative services for the implementation of reconstruction improvement project;

(c) Contract period: From the contract date to the time of liquidation;

(d) Contract price contract amount: The contract amount shall be calculated by preferentially applying the total floor space among the new buildings located in a design, and the total contract amount shall be calculated by applying the total building space to the total building area approved for completion.

Provided, That value-added taxes shall be separately imposed.

Article 7 (Method and Time of Payment of Service Fees)

1. The promotion committee shall pay service costs to the accounts of Saturdays as follows:

Division Payment Ratio non-fixed

(a) separate 20% of the total contract amount at the time of the contract;

(b) 20% of the total contract amount when approving the establishment;

(c) 20% of the total contract amount at the time of authorization for project implementation;

(d) 20% of the total contract amount when the management and disposition general meeting is completed;

(e)the total beginning date;

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