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(영문) 울산지방법원 2018.01.11 2015가합21376
용역비 등 청구의 소
Text

1. The Defendant’s KRW 833,89,556 and KRW 661,213,686 among the Plaintiff and KRW 172,685,870 from October 28, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running the reconstruction and redevelopment consulting service business, and the Defendant was established as an association establishment promotion committee (hereinafter referred to as “promotion committee”) for the purpose of housing reconstruction improvement project in Yangsan-si B B, 32,536 square meters (hereinafter referred to as “instant business area”) in Yangsan-si. The Plaintiff is a partnership that obtained authorization for establishment on July 22, 2014.

(b) The scope of services under Article 3 (Scope of Services) of the conclusion of a service contract for administrative affairs shall be any of the following affairs prescribed in Article 69 of the Act on the Improvement of Urban and Residential Environments

1. Vicarious execution concerning the consents to partnership establishment and to rearrangement projects;

2. An agency for applying for authorization to establish an association;

3. Review on feasibility and preparation of an implementation plan for rearrangement projects;

4. Support for the selection of a designer and a contractor;

5. Vicarious execution of affairs concerning applications for authorization for project implementation;

6. Vicarious execution concerning the formulation of plans for sale in lots and management and disposal;

7. Review of design documents and review of details of changes in construction cost;

8. Of other business affairs of a cooperative, expenses incurred in relation to the affairs promoted by the defendant prior to the selection of the Si/Gun/Gu shall be deemed to have been lent by the plaintiff to the defendant and there shall be no interest rate on the loan.

(2) All the expenses that the plaintiff lends to the defendant shall be disclosed to all the residents and shall be approved by the general meeting.

(3) The list of rental expenses shall be as follows:

(4) The plaintiff's claim for rental costs shall be made within one month after the partnership selects a Si construction project and the Si construction project was entered into between the union and the Si construction project, and shall not claim all of the costs against the owner of the apartment, even without the selection of the Si construction project.

Article 5 (Service Charges and Time for Payment) (1) The agency service charges shall be 45,000 won per 3.308 square meters per newly constructed total floor area.

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