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(영문) 대구고등법원 2017.12.14 2017나20051
용역수수료 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or can be found in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 4, 7 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 6:

The plaintiff (formerly changed: CaseM is a rearrangement project owner registered as a rearrangement project management business owner under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and the defendant is a reconstruction association established for the purpose of housing reconstruction improvement project (hereinafter referred to as the "renovation project of this case") in Daegu Dong-gu E-dong, Seoul.

B. On August 10, 2006, the Plaintiff entered into a special management service agreement for the reconstruction project (hereinafter “instant service agreement”) with the Defendant Association’s Promotion Committee by designating the contract amount of KRW 2.897 billion as the contract amount for the reconstruction project of this case (excluding value-added tax). The main content of the instant service agreement is as follows:

8. (A) Business 1) Business feasibility review 2) 3) Business feasibility review 4) Administrative support 4) Business preparation and vicarious execution 5) Business preparation for the selection of designers and work executors 6) Administrative support for the Defendant Union’s promotion committee, including the promotion committee, etc. 7) Other expenses for the specialized management services for the instant reconstruction project entrusted by the Defendant Union’s promotion committee at the request of the Defendant Union’s promotion committee, and the cost for the instant reconstruction project entrusted by the Defendant Union’s promotion committee shall be borne first by the Plaintiff, and the details of the services entrusted by the Plaintiff and the unpaid service cost shall be confirmed during the period of the Defendant Union’s promotion committee’s operation, and the Plaintiff shall claim compensation after one month from the company established and selected.

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