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(영문) 서울중앙지방법원 2019.01.10 2018가합520491
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 September 10, 2015, the Defendant purchased the Gangnam-gu Seoul Metropolitan Government C large 1161 square meters (hereinafter “instant land”) and promoted the business of newly constructing and selling neighborhood living facilities on the said ground (hereinafter “instant business”).

B. At the time of the purchase of the instant land, the Defendant borrowed approximately KRW 15 billion at a financial institution, such as the Savings Bank, etc., and as the Defendant’s financial situation has deteriorated as the instant business failed to proceed smoothly, D Co., Ltd. (hereinafter “D”) specialized in non-performing loans acquired the above loan claims around September 2016.

C. On December 2, 2016, the Defendant concluded a project management service contract (hereinafter “instant service contract”) with the Plaintiff and Nonparty E Co., Ltd. (hereinafter “E”) on the following grounds: (a) the Defendant repaid its loan obligations owed to D and incurred business funds to facilitate the instant project; and (b) the main content of the said service contract related to the instant case is as follows.

Article 1 [Purpose] The purpose of this Agreement is to clarify the rights and obligations between the parties in relation to the provision of project management services for the defendant by Eul (Plaintiff and E) in the execution of the Project in this case.

Section 2. [Scope of this Service] (1) The specific scope of this Service shall, to the extent permitted by the relevant Acts and subordinate statutes, be determined as follows:

1. Advice on the financing related to financial rights;

2. Analysis of business feasibility and consultation on measures to minimize risks from business;

3. Advice on the selection (including modification) of a construction project;

4. Consultation on actual business execution plans (including authorization and permission procedures);

5. Advice on the settlement of disputes related to projects;

6. Other matters agreed upon with Gap / Article 3 [Service Remuneration] Gap entered into a loan agreement with the lender for the procurement of the required funds in return for the provision of services by Eul, and only 840 million won on the date of the conclusion of the agreement.

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