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(영문) 서울서부지방법원 2014.06.12 2012가합12757
대여금등
Text

1. Defendants A and B shall jointly and severally pay to the Plaintiff KRW 607,815,173 and the interest rate thereon from September 24, 2013 to the date of full payment.

Reasons

Basic Facts

The Eunpyeong-gu Seoul Metropolitan Government Promotion Committee for the Establishment of the G Housing Redevelopment Project Cooperatives (hereinafter referred to as the "Promotion Committee") was established for the purpose of promoting housing redevelopment projects in the Eunpyeong-gu E and F Group, and the Defendants, the Defendant (Appointeds), and the Appointeds (hereinafter referred to as the "Defendants") are the chairpersons or promoters of the above Promotion Committee.

On December 24, 2004, the promotion committee announced a public announcement to select a rearrangement project management company of the G Housing Redevelopment Project (hereinafter “instant redevelopment project”), and the plaintiff participated in the said bidding.

On February 3, 2005, the promotion committee selected the plaintiff as a rearrangement project management company and entered into a business service contract with the plaintiff (hereinafter "the provisional contract of this case") in the form of a provisional contract with the plaintiff.

The plaintiff in the above provisional contract vicariously performed all of the affairs such as approval of the basic plan for redevelopment, designation of the downtown redevelopment zone, district unit planning, authorization for establishment, authorization for project implementation, authorization for the management and disposal plan, authorization for modification of the management and disposal plan, and announcement of sale disposal.

The main contents of the above provisional contract are as follows:

- Business area: 58,895 square meters - Business period: (a) from the date of conclusion of a contract to the date of dissolution of a partnership (based on 72 months): 48,280 square meters (the building area at the time of approval for a project) - Amount agreed upon for a service: 28,000 won (based on VT) 】 Article 4 (Method of subsidizing the amount agreed upon for a service) of the total floor area approved for a project

1. The promotion committee shall pay to the Plaintiff according to the payment ratio of the total contractual amount by phase within 15 days at the request of the Plaintiff, with the completion of the following schedule by phase:

10% in case of contract

(b) 20% upon completion of the designation of an improvement zone;

(c) 20% at the time of authorization for project implementation;

(d) 20% in the selection of the contractor and the full amount of loans;

(e) 20% when authorizing a management and disposition plan;

(f) 5% in occupancy;

(g) 5 percent at the time of liquidation;

2. Notwithstanding the provisions of paragraph 1,

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