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(영문) 서울중앙지방법원 2020.06.18 2019나9674
용역대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of consulting business related to the construction business, housing business, and urban rearrangement business, and the Defendant is a company with the objective of real estate development, etc.

B. On April 1, 2016, the Plaintiff entered into a service contract with the Defendant for the complex facilities and hanok Development Project (hereinafter “instant service contract”) in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant project”). The main contents are as follows.

Article 3 (Authority and Duties)

1. “A” (the defendant, hereinafter the same shall apply) and “B” (the plaintiff, hereinafter the same shall apply) will maintain close cooperative relations and co-operation on the basis of good faith and good faith for the successful implementation of the instant project.

2.The scope of services of “B” related to the “instant project” requested by “A” to “B” is as follows:

(1) The selection of the contractor and the contract for construction works (the type of the contract, agreement, contract, etc.) and the consultation on conclusion of the contract (the amount shall be determined at the time of the selection of the relevant financial institution, lender, or investor), and this PF (the amount of the PF shall be determined at the time of the selection of the contractor) (the provision of credit, security, etc. for financing) and consultation on the selection of trust companies and the conclusion of the contract for trust (the provision of credit, security, etc. for financing shall be held at the time of the selection of the contractor) (Provided, That where the Corporation, the financial institution, and the Si Corporation considers it necessary for the implementation of the project in this case and the trust contract with the trust company), and (4) the execution agent business instead of the project operator of the “A” on behalf of the contractor of the Si, the financial institution and the trust company (Provided, That it shall

3.A "A" shall carry out the following duties as a project operator and shall contain expenses to be incurred therein:

(1) Services specified in Article 4 of the Act on the Ownership of, and Right to Use, Project Sites and Access Roads.

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