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(영문) 서울중앙지방법원 2018.07.12 2017가합574699
추가용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 10, 12, and 13 (including each number, if any, including each number; hereinafter the same shall apply), and Eul evidence Nos. 1 to 4 by taking into account the overall purport of the pleadings, or are significant in this Court:

The defendant is a maintenance and improvement project association established to implement the redevelopment project of B located in Gwangjin-si.

B. C, the representative director of the Plaintiff, performed services, such as requisition of written consent to the establishment of the Defendant’s association establishment promotion committee (hereinafter “instant promotion committee”), a telegraphic transfer of the Defendant (hereinafter “instant promotion committee”), with the name of “D” (hereinafter “instant promotion committee”).

On January 7, 2012, Nonparty E entered into a human resources supply contract for the purpose of collecting 150,000 won per person of promotional agents of the establishment of the association (excluding value-added tax) with the trade name “F” and provided services, such as the draft of written consent for the establishment of the association (hereinafter “instant association establishment services”).

On the other hand, Article 14(2) of the above partnership establishment service contract provides that "the above contract shall take effect within the scope of the budget stipulated by the resolution of the general meeting as prescribed by the operating regulations of the promotion committee of this case, and the contract contents outside the scope of the budget shall have the effect of obtaining approval of the general meeting of the promotion committee of this case

C. On May 11, 2012, the instant promotion committee, in addition to “G and 54 persons, received a written consent for the establishment of the partnership.” The two companies filed a claim against the Defendant for the service charges of KRW 1,121,636,970 in total, and the Defendant decided on May 11, 2012 by the 897,309,576 won, which was reduced by 20% from the existing claim amount.

G and 54 others agree to settle the amount of services at KRW 562,980,00,00, which was the initial claim amount, to be reduced to KRW 450,384,00,00.

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