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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Plaintiff (former C Co., Ltd.) is a company with the purpose of housing construction project, etc., and the Defendant is the Housing Redevelopment and Improvement Project Association established on March 23, 2012 for the purpose of housing redevelopment and improvement project (hereinafter “instant rearrangement project”).
On August 22, 2012, the Defendant: (a) held a board of representatives on August 22, 2012; (b) resolved on the issues of concluding a contract for specialized management of housing redevelopment improvement projects (hereinafter “instant service contract”); and (c) on the same day, the Plaintiff and the Defendant set up a “contract for specialized management of housing redevelopment projects” (hereinafter “instant contract”) with regard to the total floor area of the construction by determining that the contract amount is KRW 39,000 per square meter.
On September 8, 2013, the Defendant held a general meeting of partners to decide that “the contract for the selection of a management entity specialized in improvement projects to the Plaintiff shall be terminated”, and on the 11st of the same month, notified the Plaintiff that “the designation of a management entity specialized in improvement projects to the Plaintiff shall be cancelled pursuant to Article 13(2) of the Criteria for Selection of a management entity specialized in improvement projects (Notice of the Ministry of Land, Transport
【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1-1, 1-2, 4-2, and 7-1 of Eul evidence Nos. 4-2, and Eul evidence Nos. 7-1 of the whole pleadings, although the service contract of this case was concluded with the plaintiff’s primary claim asserted by the plaintiff, the defendant unilaterally terminated the contract without justifiable grounds. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff.
① Therefore, one billion won (performance interest) or (2) is part of the amount calculated by converting the total floor area of 1,973,002,849 square meters, which is the contract amount stipulated in the instant service contract, into a flat and adding the value-added tax of 39,000 won per square year to the amount calculated by adding the value-added tax of 10%.