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(영문) 인천지방법원부천지원 2015.06.19 2014가합7857
용역대금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties’ status A Housing Redevelopment Promotion Committee (hereinafter “Promotion Committee”) is a corporation with the purpose of removing a building located within 111,071.8 square meters (hereinafter “instant project implementation district”) from Won-gu, Seocheon-gu, Seocheon-si and promoting reconstruction on the site (hereinafter “instant project”). The Plaintiff obtained approval for the establishment on June 24, 2009 from Seocheon-si. The Plaintiff is a corporation with the approval for the establishment of the association on November 30, 201 from Seocheon-si (hereinafter “instant project approval disposition”). The Defendant is a company with the purpose of redevelopment, reconstruction, administrative services agency and consulting business for management consulting.

B. On September 14, 2009, the promotion committee and the defendant entered into a service contract for housing redevelopment improvement project (hereinafter “instant service contract”) with respect to the instant project, and the main contents thereof are as follows.

Article 4 (Scope of Specialized Management Services for Housing Redevelopment Project) (1) The scope of services provided by the defendant under this contract shall be as follows:

1. Affairs concerning the consent to partnership establishment and to rearrangement projects;

Article 8 (Contract Amount and Terms of Payment) (1) A promotion committee shall pay to the defendant the total amount of services at the following rates:

The sum of non-rates of non-rates of local wages of the Gu;

1. Contract deposit (the time of conclusion) 15% 15%;

2. The first intermediate payment (the review of project feasibility and the preparation of a project implementation plan), 10% by 25%;

3. The second intermediate payments (or 15% at the time of authorization to establish a cooperative) 40%;

4. The third intermediate payment (the selection of a designer or a contractor) 10% by 50%;

5. 10% of the fourth intermediate payments (when project implementation is completed) 60%;

6. 25% 85% at the time of authorization for the five intermediate payments (approval for the management and disposal plan);

7. Six percent of the commencement of the part payments (for the first time).

8. The balance;

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