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(영문) 인천지방법원 2017.02.14 2016가합52933
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 364,882,90 and the interest rate of KRW 15% per annum from April 30, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a management contractor for rearrangement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. 2) On November 12, 2015, the Defendant succeeded to the rights and obligations of the Promotion Committee for the Establishment of the Housing Reconstruction Project Association for Nesolar Apartments established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”) for the purpose of the housing reconstruction improvement project for Nesolar Apartments, Seo-gu, Incheon, Seo-gu, 491-3 and 5 lots of land (hereinafter “instant project”).

(hereinafter referred to as "Unless otherwise mentioned, the act committed by the committee for establishing an association for convenience shall be entered as the act committed by the defendant).

1) In order to select a management entity specialized in improvement projects, the Defendant issued a public notice of tender according to the method of competitive bidding, and selected the Plaintiff as a management entity specialized in improvement projects. According to the above selection, the Defendant entered into a contract for management entity specialized in improvement projects (hereinafter “instant service contract”) on April 26, 2010 for the Plaintiff and the instant project.

In order to ensure the successful performance of the instant project, Article 1 (Purpose of Contract) of the Act provides that the Defendant shall entrust the Plaintiff with the service business, and actively cooperate with the Plaintiff so that the Plaintiff may faithfully perform the service agency business, and the Plaintiff shall cooperate with the overall duties and faithfully perform the entrusted duties in order to facilitate the Defendant’s smooth implementation of the project. Article 2 (Scope of Duties) (1) The Defendant shall perform the inherent duties as the project operator.

(2) The scope of service duties of a rearrangement project to be performed by the plaintiff shall perform the following duties based on Article 69 of the Act on the Maintenance and Improvement

1. Consultation on and vicarious execution of affairs related to the designation of rearrangement zones;

2. Advice and support for affairs relating to the establishment of the association;

3. The work performance period of the plaintiff under Article 3 (Business Performance Period) of the business action plan shall be as follows:

Provided, That it is necessary to conduct business affairs.

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