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(영문) 광주고등법원 2020.07.15 2019나25331
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The plaintiff is a company registered as a rearrangement project management contractor, and the defendant is a housing reconstruction project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents which promotes B apartment reconstruction project (hereinafter referred to as the "project in this

On October 5, 2010, the Plaintiff and the Defendant entered into a specialized management services contract (hereinafter “instant contract”) with the content that the service cost of this case was KRW 956,760,000 (excluding value-added tax) and the service period was set from the contract date to the partnership settlement date, and the Plaintiff’s performance of duties, consulting services, etc. for the designation of a rearrangement zone was set as follows. The main contents of the instant contract are as follows.

B apartment house reconstruction service contract - The following -

3. Area of a project site: 22,014 square meters (6,659 square meters)- Confirmation at the time of authorization for a project implementation;

4. Total floor area of a building: approximately 62,039 square meters ( approximately 18,760 square meters)- Confirmation at the time of authorization for a project implementation;

5. Contract amount: The amount obtained by multiplying the total floor area of the construction by the amount of KRW 51,00,000 per square day service cost for the total floor area of the construction ( KRW 51,00): Provided, That the value-added tax is separate, and the total floor area of the construction becomes final and conclusive at the time of authorization to implement the project, shall be the fixed total floor area of the construction;

Article 4 (Scope of Specialized Management Services) (1) of the Terms and Conditions of the Contract for the Housing Reconstruction Project (Scope of Maintenance Services) ① The Plaintiff shall directly perform the following services in relation to the contract or provide advice and support to the Defendant, and the preparation and processing of documents related to the services of the said rearrangement project shall be governed by the relevant Acts and subordinate statutes, such as the Enforcement Ordinance

(a) Support for and consultation on affairs for the designation of an improvement zone;

(b) Support and consultation for business affairs for authorization for implementation;

(c) Affairs of applying for approval of management and disposal plans and consulting thereon;

(d) Supporting and advising on business activities related to occupancy;

(e) Support and consultation on transfer and public announcement;

(f) (1) Other support for the selection of the contractor and cities and cities;

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