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(영문) 의정부지방법원 2016.09.30 2015가합54063
용역대금 지급 청구 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a stock company that runs the business of consulting and entrusting affairs related to the housing reconstruction improvement project, and the Defendant is a housing reconstruction improvement project association (hereinafter “Defendant Association”) authorized for the implementation of B housing reconstruction improvement project (hereinafter “instant housing reconstruction project”) whose business zone covers Do Government-si D.

B. E, the current president of C and the Defendant Partnership, agreed to implement the instant housing reconstruction improvement project under the cooperation of C around 2007, and the promotion committee for the establishment of the Defendant Partnership (hereinafter “instant promotion committee”) was established on June 3, 2008.

C. Around July 2008, C and the instant promotion committee entered into a contract for the rearrangement project under the condition that C lend operating expenses of KRW 7,000,000 per month to the instant promotion committee (hereinafter “instant loan”), and its main contents are as follows.

Article 1 (General Provisions) of the Terms and Conditions of Specialized Housing Development Project (Terms and Conditions of Specialized Housing Development Project) The Promotion Committee and C of this case shall faithfully perform the overall affairs related to the Promotion Committee of this case with their responsibilities and duties according to the following terms and conditions of the service contract in order to efficiently perform the duties for the housing reconstruction project of this case

Article 3 (Total Amount of Service Contract) The total amount of service charges shall be an amount calculated by multiplying the total floor area by 12,099 won per square meter per total floor area, and the value-added tax shall be separately imposed.

Article 9 (Payment of Service Price)

1. The promotion committee of this case shall pay service costs to C as follows:

20% of the total of 5% at the time of filing an application for authorization for the implementation of 15% project at the time of completion of the 20% district-designated project at the time of the conclusion of the 20% district-designated project at the time of non-approval for the establishment of the association.

4. A loan lent by C to the Promotion Committee of this case.

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