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(영문) 서울동부지방법원 2016.05.31 2015가합2919
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 24, 2001, the reconstruction promotion committee of C representative D and B apartment settlement shares entered into an agreement for reconstruction services with 12,500 won per square year (in addition, hereinafter the same shall apply) on the basis of the total floor area of the construction. On November 19, 2001, the amount calculated as KRW 14,500 per square year and KRW 12,500 per square year was again entered into an agreement for reconstruction services with each of the amounts calculated as KRW 12,50 per square year on April 2, 2002.

B. The reconstruction promotion committee for B apartment-backed rebuilding shares was changed to the defendant's name as of July 15, 2003 due to the enforcement of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6852, Dec. 30, 2002) on July 1, 2003 after obtaining approval for the establishment of the reconstruction association on June 12, 2003, and C was recognized as the defendant's rearrangement project management company following the enforcement of the same Act.

C. Accordingly, on September 1, 2003, the Defendant entered into a contract for specialized management of rearrangement projects with the contract amount of KRW 12,500 per square meter by preferentially applying the total floor space of the building in C and the household design to the contract amount of KRW 12,500 per square meter.

On October 21, 2003, C's representative D changed the organization of C into the Plaintiff as a corporate chain and continued to maintain the service contract with the Defendant.

E. On October 24, 2012, the Plaintiff and the Defendant agreed to increase the unit price of the service contract to KRW 18,000 per square meter, and concluded a specialized maintenance business management service contract again.

F. B apartment reconstruction rearrangement project obtained authorization on March 5, 2015 for a project implementation (revision) and authorization on April 30, 2015 for a management and disposal plan (amended).

G. On May 11, 2015, the Defendant obtained a written outsourced service contract concluded between the Plaintiff and U.S. D., and notified the Plaintiff of the termination of the service contract on May 26, 2015 on the ground of voluntary subcontracting of services.

【Fact-finding without a dispute over the basis of recognition, Gap's evidence 1, 2, Eul's evidence 1, 2, 4, 6-8, the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff and the defendant agree to realize service costs.

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