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(영문) 서울고등법원 2017.06.15 2016나2074645
용역비
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The resident who promoted the housing redevelopment project in the C Group at the time of strike was established on July 1, 2005 by the H Housing Redevelopment AD on and around July 1, 2005, and then "(tentative) Housing Redevelopment Promotion Committee" (hereinafter referred to as the "Promotion Committee of the Housing Redevelopment Project").

2) On April 7, 2006, the promotion committee of this case constituted a group of housing redevelopment projects (hereinafter referred to as the “instant rearrangement project”) with the Plaintiff on April 7, 2006: (a) between the Plaintiff and the promotion committee of this case on April 7, 2006, in order to promote the redevelopment project in the group of Pakistan, drawing up necessary drawings to determine and publicly notify the district designation application drawings and urban planning for the housing redevelopment project; (b) preparation of design drawings and specifications and construction drawings necessary for project approval; (c) support of all necessary drawings; and (d) calculation and confirmation of the building area of the group building ledger for the registration of preservation; and (d) contract amounting to 2,619,680,000 won [the value-added tax (hereinafter referred to as the “value-added tax”).

(A) The I Housing Redevelopment Project Design Service Contract (A) contract (hereinafter “the instant provisional contract”) was entered into with the content that is set aside separately.

3) On May 2, 2006, the instant promotion committee paid 261,968,000 won to the Plaintiff with the primary payment as stipulated in the instant provisional contract. (B) The instant promotion committee concluded the instant provisional contract with the Plaintiff on August 2, 2006, following the increase in the size, etc. subject to the instant rearrangement project (132,918 square meters from the site area to 95,475,00 square meters, and the estimated total floor area to 247,432.52 square meters from 247,432.52 square meters (74,846.47 square meters) to 326,766.67 square meters (98,846.47 square meters). The instant promotion committee reflects the reasons for the design change between the Plaintiff and the promotion committee on August 2, 2007, the said amount agreed upon between the Plaintiff and the promotion committee on the implementation of the instant project is 3,459,6080,000

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