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(영문) 서울고등법원 2015.01.23 2014나25391
용역대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 25, 2003, the Defendant entered into a contract for specialized management services with the reconstruction and improvement project association that implements a project for the reconstruction of sericultural apartment (hereinafter “instant reconstruction project”) in the 17th unit of Songpa-dong, Songpa-gu, Seoul. On April 25, 2003, the Defendant entered into a contract for specialized management of improvement and improvement projects with the Plaintiff (UPD Co., Ltd., Ltd.) and the Eburg C&C Co., Ltd. (hereinafter “ Eburg C&C”), which consist of the Plaintiff (UBD Co., Ltd., Ltd.) and the Eburg C&C (hereinafter “EW”), with the instant consortium’s main contents as follows:

(1) The consortium of this case (hereinafter referred to as the “instant service contract”) shall provide services related to the relocation, removal, establishment of a management and disposal plan, and sale in lots following the instant reconstruction project. The specific work is classified as “(1) prior business, (2) relocation, removal, (4) commencement, management and disposal, (6) commencement, disposal and disposal, (7) sale in lots, (8) usage inspection, occupancy, (9) settlement procedures, (1) settlement procedures, (1) dissolution, 3, etc., (2) the Defendant shall pay to the instant consortium of this case the total service cost of KRW 5,200,000 ( separate value-added tax) upon the completion of the above work, and the contract deposit amount of KRW 1,040,000,000 shall be paid at the time of the first intermediate payment, KRW 1,560,000,000 at the time of completion of the general meeting of the management and disposal, and KRW 21,400,000 at the time of completion of the sale in lots.

B. Around May 2008, Ebergin C&C (Seoul Eastern District Court 2008Gahap6487) filed a lawsuit (Seoul Eastern District Court 2008Gahap6487) such as the confirmation of its authority to sell the land on behalf of the Defendant. Around that time, it is in accordance with the instant service contract.

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