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(영문) 서울동부지방법원 2017.04.27 2016가합106221
용역비
Text

1. The Defendant’s KRW 78,880,00 for the Plaintiff and the following: 5% per annum from July 29, 2016 to April 27, 2017.

Reasons

Basic Facts

The Plaintiff (formerly, CConstruction Office) is a company that runs the building design and supervision service business, etc., and the Defendant is a reconstruction association established to implement the housing reconstruction improvement project (hereinafter “instant reconstruction project”) at the area of 23,385m2 in Ansan-gu, Ansan-si pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Contract

4. Design service costs shall be the following amount multiplied by a gold of 26,000 won per 3.3 square meters of the total floor area of a building in a rearrangement zone designated and publicly notified as a rearrangement zone, and shall be finally determined and settled by multiplying the total floor area of the building approved for the implementation of the project by the unit price per square meter:

(2) Business from the date of establishment to the date of approval for use: Article 2 (Period of Service) (1) of the Terms and Conditions of Design Contract for the Plaintiff’s design service shall be from the date of the Defendant’s general meeting of partners ( June 16) to the date of completion of the approval for use (the date of conclusion of the contract). Under Article 4 (1), the Defendant shall pay the design service cost to the Plaintiff.

Article 4 (Methods of Calculation and Payment of Service Fees)

1. (1) Before the promotion committee’s establishment is authorized, the Defendant’s price for design service from the establishment to the public announcement of the designation of the rearrangement zone and the authorization for establishment of the association shall be publicly notified by the Plaintiff

9. The settlement is to be made in the form of Geumcheon Madern Won (Yucheonwon 78,880,000 - Additional tax) with the application of 3,000 won per 3,000 m2 per 3,000 m2 in total floor area of construction (Yucheonwon 29, 100). The time of payment shall be the time of the contract. 2. The date of payment shall be the time of the contract after the establishment of the association and after the completion of the approval for the use of the total amount of 20% when the completion of the separate construction report for 20% of the total amount when the completion of the 20% approval for the implementation of the construction project at the time of completion of the 30% approval for the completion of the project.

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