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(영문) 서울중앙지방법원 2014.11.28 2014가합508288 (1)
용역비
Text

1. Loan portion

A. As to KRW 144,635,128 and KRW 113,400,00 among the Plaintiff, the Defendant from February 15, 2014.

Reasons

1. Basic facts

A. (i) The Plaintiff is a rearrangement project manager under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”). The Defendant succeeded to the rights and duties of the Housing Reconstruction Project Association established under the Housing Reconstruction Project Association established under Article 16 of the Urban Improvement Act (hereinafter referred to as the “Promotion Committee”).

The Committee entered into a business service contract with the Plaintiff on March 2009 (hereinafter referred to as the “instant service contract”).

According to the instant service contract, the Plaintiff’s duties under the instant service contract are ① resident publicity affairs, such as the draft of written consent for approving the establishment of the association, ② resident publicity affairs of the inaugural general meeting, ③ affairs related to the general meeting for selecting a contractor after authorization for the establishment of the association, etc., and the service price is KRW 7,560 per square meter (excluding additional taxes) of the total floor area, 20% at the time of the contract, 25% at the time of application for authorization for the establishment of the association, 25% at the time of application for the

The new area is 52,153.15 square meters.

Article 14(2) of the former Act on the Maintenance and Improvement of Urban Areas (Act No. 9047, hereinafter referred to as the “former Act on the Maintenance and Improvement of Urban Areas”) which was enforced at the time of entering into the instant service contract, the promotion committee shall select a specialized management businessman of rearrangement projects by means of competitive bidding prescribed by the operational regulations under Article 15(2) of the Act. According to Article 28(1) of the operational regulations of the promotion committee, the designation of a specialized management businessman of rearrangement projects shall be a method of competitive bidding or selective competitive bidding, but the selection of a specialized management businessman of rearrangement projects shall be made by receiving a proposal for participation through a public announcement of tender, and Article 8(1) of the operational regulations requires the consent of at least 1/2 of the owners, such as the land, etc. agreed to

However, the promotion committee at the time of entering into the instant service contract.

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