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(영문) 수원지방법원안산지원 2017.11.09 2016가합9695
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 6, 2014, the Defendant entered into a management consulting agreement with the Plaintiff (hereinafter “instant contract”) while promoting a new construction project of the officetel located in Kugdong-gu B (hereinafter “instant officetel”), and the main contents thereof are as shown in the attached sheet.

B. Under the instant contract, the Plaintiff introduced to the Defendant comprehensive construction company, construction design, and supervisor, as C architect, trust company, and related cooperative companies, such as a real estate trust company, and fisheries cooperatives (party branch) as a financial company, etc., to allow the Defendant to enter into a contract with the said company.

C. However, unlike the Defendant’s expectation, the project financing loan for the construction of the instant officetel (hereinafter “PF loan”) did not proceed within the contract period, and there was no particular progress in the PF loan thereafter, and the Defendant notified the Plaintiff of the rescission of the instant contract on May 10, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 3 through 8, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff provided services pursuant to the instant contract as set forth in paragraph (1) and allowed the commencement and sale of the instant officetel. However, the Defendant unilaterally suspended the Plaintiff’s service due to a cause attributable to the Plaintiff and the partner company (excluding trust companies, financial companies, etc.) to unilaterally destroy the contract with the Plaintiff and the partner company (excluding trust companies, financial companies, etc.), and thus, the Defendant is obligated to pay the Plaintiff the service cost of KRW 512,600,000 (including value-added tax) under the instant contract.

B. The plaintiff not only performed some duties such as the selection of a contractor, among the plaintiff's obligations stipulated in the contract of this case, but also performed duties is merely a defect in the progress of the business. In particular, the plaintiff's core duties are PF.

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