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(영문) 부산지방법원 2015.08.12 2014가합45099
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 Plaintiff’s agent business, etc. for implementing housing projects is a corporation established for each purpose of housing construction projects, etc., and B is the Plaintiff’s actual operator.

B. From March 22, 2005, a network construction corporation (hereinafter “small Network construction”) promoted a new construction project (hereinafter “instant new construction project”) of multi-family housing (multi-family housing) and business facilities, neighborhood living facilities, and buildings (hereinafter “instant building”). From around March 22, 2006, a loan of KRW 4.6 billion was granted from a Pudong Mutual Savings Bank (hereinafter “Pung Mutual Savings Bank”) in relation to the instant project.

C. After that, upon the suspension of the instant new construction project due to the reasons on the part of the construction in small network, the Plaintiff sought to acquire the said new construction project, and received a proposal from F, known to B as a business relationship, to arrange the said new construction project to the Defendant and to perform the said services, and suggested it to the Defendant via F.

On January 22, 2013, the Defendant accepted the Plaintiff’s proposal and entered into a PM management service agreement (hereinafter “instant service agreement”) with the Plaintiff on January 22, 2013 between the Plaintiff and the Defendant to analyze the feasibility of the instant new construction project and purchase services. The F and G guaranteed the Plaintiff’s contractual obligation.

The main contents of the above contract (hereinafter “instant contract”) are as follows:

Section 1 (Purpose of Services) In carrying out the instant new construction project on behalf of the Defendant, the Plaintiff is carrying out the land and buildings purchase advisory services and other related services.

Article 3 (Scope of Services) The scope of services to be rendered by the Plaintiff for the Defendant is as follows:

1. A plan for construction of the object, the analysis of its revenue and expenditure;

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