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(영문) 서울동부지방법원 2019.08.21 2018가합113223
용역비
Text

1. The Defendant’s KRW 422,00,000 as well as 15% per annum from November 22, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. The fact of recognition ① On February 5, 2007, the Plaintiff entered into a research and design technical service contract (hereinafter “the first service contract”) with E Co., Ltd. (hereinafter “E”) and with respect to the instant urban development project, which is the executor of the instant urban development project, the Seoul Urban Development Project (hereinafter “instant urban development project”). The Plaintiff entered into a research and design service contract with the service period of KRW 700 million (including value-added tax; hereinafter the same shall apply) and the service period of one year.

On December 30, 2007, the Plaintiff and E agreed on the first service contract with the reason for cancellation of “the progress of the target project due to a real estate defect, etc.” as the reason for cancellation.

② On November 22, 2010, the Plaintiff and E concluded a contract for research and design services (hereinafter “the second service contract”) with the service cost of KRW 400 million in connection with the instant urban development project.

The plaintiff performed services under the second service contract and received KRW 390 million from E, and lent KRW 190 million to E representative director F.

③ Around April 2011, G of the Plaintiff’s representative director: (a) entered into a promise to sell and purchase real estate for a part of the land within the instant urban development project site with F; and (b) paid F the amount of KRW 50 million; and (c) F entered into a loan certificate of KRW 50 million with G.

④ On November 4, 2011, the Plaintiff and E are “third-party service contract for research and design (revision) with the service cost of KRW 150 million in connection with the instant urban development project” (hereinafter “third-party service contract”).

AB concluded the agreement.

The plaintiff performed the service in accordance with the third service contract, and received KRW 45 million from E.

⑤ Based on the service results performed by the Plaintiff in accordance with the first or third service contracts, E is subject to the notification of the designation and development plan of the D Urban Development Zone on December 28, 2007 from the Gangwon-do Governor on December 28, 2007, the notification of the tax items of the instant urban development project and the notification of the designation of the implementer on December 2, 2010, and the notification of the items of land, etc. of D Urban Development Zone, and from the original mayor on May 27, 2011.

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