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(영문) 서울고등법원 2020.01.16 2019나2006285
약정금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The party status 1) A Co., Ltd. (the name at the time of incorporation was “E”) was changed to “Co., Ltd. D” on May 200, and “F” on April 30, 2014.

hereinafter referred to as "D" in general;

(2) The Plaintiff is a company with the objective of improving urban and residential environments, etc.

3) The Defendant shall undertake the housing reconstruction rearrangement project (hereinafter “instant project”) in the Jung-gu Seoul Metropolitan Government G Group.

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on May 2012 for the purpose of this Act.

(B) On April 21, 2004, D entered into a contract for specialized management of reconstruction projects (hereinafter “instant contract”) with the Defendant on the following grounds: (a) the authorization for establishment was obtained on June 7, 2012; and (b) the registration of incorporation was completed on June 7, 2012; (b) D entered into a contract for specialized management of reconstruction projects (hereinafter “instant contract”).

The contract A of this case: Defendant / B: Article 2 (Scope of Service Work) of the D "B" must perform administrative work for the housing reconstruction rearrangement project as follows:

(1) A rearrangement zone designation business, (2) safety diagnosis business, (3) support for association establishment business, administrative affairs, (4) support for review and consultation of association articles, (6) support for association members management business, (7) support for association members management business, authorization for project implementation (such as formulation of project implementation plans, application, authorization, etc.), (8) approval for the management and disposal plan (such as formulation of project implementation plan, application, authorization, etc.), preparation of a report scheduled to sell association members, and (0) preparation of a report scheduled to sell

Provided, That where there is a difference between the total floor area of project implementation authorization, it shall be later settled.

Article 6 (Payment of Service Fees) (1) Joint arrangements are made to enable “B” to receive from a constructor at each stage with the consent of “A” after the selection of a contractor.

(2) The contingent remuneration shall be paid.

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