logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.11.23 2017가합51040
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is an association established for the purpose of implementing the housing redevelopment improvement project (hereinafter referred to as the "project in this case") in Busan Jin-gu Dilwon, Busan, and the defendant is a management contractor for improvement projects under the Act on the Maintenance and Improvement of Urban Areas

E is a person who served as the representative director of the defendant from October 25, 2005 to December 3, 2015, the date of establishment of the defendant.

Article 2 (Scope of Work B) (1) With respect to the implementation of projects A, the following duties shall be deemed to include all the incidental duties for performing the relevant duties:

2. Notwithstanding the provisions of the preceding paragraph, the following affairs shall be dealt with by Gap, and Eul shall cooperate and support as much as possible in the affairs dealt with by Gap:

1. Article 3 (Service Costs) (1) The service costs of members B shall be 26,350 won per square meter (26,350 won) in total floor area of new buildings;

Provided, That the value-added tax on this shall be separately assessed, and it shall be settled by the total floor area of the building determined at the time of subsequent project implementation

(3) A shall pay the service cost prescribed in paragraph (1) in cash within seven days from the following due date, and where a delay is made, A may claim overdue interest calculated by applying the overdue interest rate of the National Bank Housing Fund to A.

Provided, That the progress payment that has come due before the Party A selects the contractor shall be paid in lump sum as soon as the Party A selects the contractor and concludes the contract, and the overdue interest shall not apply to this.

When applying for the designation of the first progress payment after concluding the contract of the item payment rate, 15% of the service cost, 10% of the service cost at the time of designating the second progress payment rearrangement zone, 15% of the service cost at the time of approving the establishment of the third progress payment, 15% of the service cost at the time of approving the establishment of the 4th progress payment.

arrow