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(영문) 서울서부지방법원 2015.06.19 2014가합7674
계약관계부존재확인 및 대여금반환
Text

1. There is no contractual relationship under the service consulting contract concluded on January 24, 2014 between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On January 24, 2014, the Plaintiff entered into a consulting agreement with the Defendant for the progress of the electric source housing site development project (hereinafter “instant agreement”) at the Hanwon-si B. The key contents are as follows.

(B) In the following, “A” and “B” refer to each of the Defendant. Article 2 (Scope of Services) (1) of the consulting agreement provides the scope of services to be provided by “B” are as follows; additional services other than the scope of services or advice after this service agreement shall be determined by mutual agreement with “A” and “B”:

Consultation on business-related affairs and authorization, permission, vicarious execution, and approval in accordance with the purpose of Article 1;

(b) Raising of necessary funds (such as expenses for authorization and permission, expenses for civil engineering works, and other expenses) for consultation on and development of trust-related business affairs (Provided, That funds shall be raised with financial rights);

(c) Review of and support for various authorized or permitted documents;

(d) Assistance in the selection of a contractor. (2) Services entrusted to a specialized institution, such as business feasibility review, legal advice, appraisal of real estate, etc. for the efficient performance of this service shall be included in the scope of services provided for in Article 2

Design changes for construction design, permission changes, and other taxes and public charges shall be paid at the expense of A.

Article 4 (Fees for Services) A shall pay to B 10% of the service remuneration for the performance of this service in kind the land developed.

The taxes and public charges for the land paid in kind and all incidental expenses shall be borne by the Corporation.

Article 5 (Matters to be Observed)

1. Eul shall perform its duty of care as a good faith, good faith, and good manager in the performance of this service;

Article 8 (Cancellation of Contract) A and B may terminate this Agreement in any of the following cases:

(1) If any matter to be observed under Article 5 is violated, a request for cancellation of a trade name may be made in writing.

(4) Where it is impossible to raise the required funds for the development, (5) One of the parties A and B shall be important under this Agreement.

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