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(영문) 창원지방법원 2018.07.19 2017가합414
용역대금 등
Text

1. The Defendant’s KRW 26,60,000 as well as the Plaintiff’s annual rate of KRW 5% from March 23, 2017 to May 28, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that provides consulting services related to urban planning, and the Defendant is a non-corporate company that aims to establish an association for B-building rearrangement project (hereinafter “instant project”) in the window C-dong, Changwon-si.

B. Around 2009, the Defendant concluded a design service contract with the company G (hereinafter “D”) and the company E (hereinafter “E”), respectively, for the instant business.

C. On March 21, 2012, F, the Defendant’s representative, opened a meeting to explain the following matters, and all promoters selected the Plaintiff as an urban planning company and decided to file an application for designation of a rearrangement zone within March 2012.

In the deliberation of the Urban Planning Committee on April 13, 2012, the Changwon-si planned to determine the “Master City Residential Environment Improvement Master Plan for Changwon-si in 2020,” and thus, prior application for designation of the rearrangement zone for the project of this case must be made.

In order to apply for designation of an improvement zone, documents shall be prepared in accordance with the relevant statutes, and an urban planning company shall be selected to do so, and a period of three months shall normally take place

However, since the time limit is imminent, I would like to select the plaintiff who is equipped with basic data on the Cdong as an urban planning company by taking charge of H's rearrangement zone designation affairs.

On March 22, 2012, the Plaintiff, upon the Defendant’s request, started to prepare an application for the formulation of a rearrangement plan and the designation of a rearrangement zone from around March 2, 2012 (Evidence A3; hereinafter “instant application”).

E. On April 3, 2012, F, the representative of the Defendant, submitted the instant application and written consent to the designation of the rearrangement zone prepared by the Plaintiff, along with the Plaintiff, D, and E’s officers and employees.

At the time, the defendant filed an application for designation of an improvement zone before deliberation by the Seoul Urban Planning Committee on April 13, 2012 at Changwon-si.

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