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(영문) 수원지방법원성남지원 2016.11.24 2016가단212707
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendants promoted a new urban-type residential housing construction project (hereinafter “instant project”) on the ground of both weeks C844m2 (hereinafter “instant land”).

Article 4 (Contents of Business)

(b) Eul (Plaintiff) shall carry out the following business areas:

1. Conduct all the affairs relating to the selection of financial funds and trial works on the project site for the prompt success of the project;

2. The period of service required shall be until the selection of a contractor and the completion of fund execution;

(Automatic Termination of Contract after 15 days of the required period when the PMF was known. Article 5 (Price of Services, Terms of Payment, etc.) The price for PMF services shall be KRW 300,000.

When funds are executed, all service costs shall be paid.

Article 7 (Termination of Contracts) A (Defendants) and B may terminate this Agreement in any of the following cases:

Party A or B fails to perform any of the important obligations under this Agreement, or in fact it is difficult for Party A or B to perform the project in violation of this Agreement.

(c) terminate at the Party A’s request when the confirmation of the PF (construction cost) of this site is known.

B. On October 30, 2015, the Defendants concluded a PM management service agreement with the Plaintiff regarding the instant project implementation (hereinafter “instant contract”).

C. Since then, the Plaintiff selected D Co., Ltd. as the instant project contractor (hereinafter “D”), the Defendants entered into a contract for construction works with D on November 11, 2015.

On November 24, 2015, the Plaintiff agreed with the Korea Investment Savings Bank and PF loans secured by the instant land in accordance with the terms and conditions of the instant contract.

However, due to the failure to meet the requirement of “to raise 20% or more of the business funds required for the pertinent PF business” required for the PF loan, the PF loan was nonexistent.

2. The assertion and judgment

A. The party’s assertion 1 is the conclusion of the instant contract.

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