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(영문) 서울동부지방법원 2017.07.06 2016가합104799
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a person who operates a service business related to civil engineering, construction, and urban planning with the trade name of “C,” and the Defendant is a person who recruited members of the instant association pursuant to Article 11 of the Housing Act (hereinafter “instant association”) for the purpose of preparing multi-family housing, the site area of which is 35,751.540 square meters and the number of households of which is 633 households.

In order to promote the instant project on April 1, 2013, the Defendant drafted a service contract (Evidence A(hereinafter “instant contract”) containing the following contents with the Plaintiff (hereinafter “instant contract”).

Article 4 (Contents of Services) Details of the project for establishing district units of the Songpa-gu Seoul Metropolitan Government District Housing Association shall be as follows:

The term "decision on Class I District Unit Planning (Change) for Approval for Housing Construction Projects" shall be from March 21, 2013 to the time when a district unit plan is established.

(F) Article 6 (Service Fees and Payment Method)

1. Contract area: 29,100 square meters of land area;

2. Service costs: Down 380,000,000 - Value-added tax separately.

3.The payment of costs shall be made by dividing the service division by stages as follows:

① Stage 1: After the service contract, (50%) 190,00,00 won (2) 2: At the time of receipt of the documents of Seoul Special Metropolitan City (30%) 114,00,000 won (20%) 3: At the time of approval (20%) 76,00,000 won “However, the amount of the first phase payment shall be paid after the selection of the contractor.” (On June 27, 2013, the Plaintiff and the president of the E Regional Housing Association (hereinafter referred to as the “E District Housing Association”) signed a document stating “the designation of the Song-gu District Unit Planning Zone and the determination of district unit planning (draft)” under the contract of this case to the Defendant, and the Defendant written the above document on the same day.

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