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(영문) 서울중앙지방법원 2017.05.24 2016가단119760
용역대금
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd. and Defendant B jointly and severally with the Plaintiff KRW 22,00,000,000, and the same on July 2016.

Reasons

Facts of recognition

The Plaintiff is a service company that performs the duties of financial intermediary, etc., and the Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is an executor who promotes the “D Business” (hereinafter referred to as “instant business”) which is a main complex building with the 6th underground floor and 22th ground level above the 22th ground level on the land of Busan Shipping Daegu C et al.

On June 8, 2016, the Plaintiff and Defendant A entered into a PM service contract (hereinafter “instant service contract”) with the content that the Plaintiff provides financial intermediary services, etc. regarding the instant project promoted by Defendant A (hereinafter “instant service contract”). The main contents are as follows.

Article 3 (Authority and Duties)

2.The scope of services of “A” with respect to “B” which is requested by “A (referring to Defendant A)” to “B (referring to the Plaintiff)” is:

(1) Advice related to the selection of a contractor and consultation related to the conclusion of a contract for construction works (in the case of providing security, credit, etc. under the terms and conditions of a contract for construction works with a contractor, the provision of security, etc. to a contractor shall be subject to the responsibility of A), ② Brazil, advice related to the selection of a financial institution (including a financial intermediary), and advice related to the conclusion of a related financial contract (Provided, That the provision of security, credit, etc. to a financial institution for financing) and advice related to the selection of a trustor and consultation related to the conclusion of a related trust contract (Provided, That where it is deemed necessary with a trustor and a trust contract with a trust company, the "project" shall be subject to the provision of security, etc. to a contract for construction works with a contractor).

3.A shall carry out the following duties as a project operator and bear the expenses to be incurred therein:

(1) Securing ownership of the project site and access roads to the project site. ③ The initial project cost, down payment, design cost, land, and taxes and public charges related to the authorization and permission of the land and the project site.

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