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(영문) 대전지방법원 천안지원 2018.08.31 2016가합403
용역비 및 대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 88,398,364 and the interest rate of KRW 15% per annum from September 1, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On May 23, 2014, the Plaintiff and the Defendant Union are corporations with the purpose of running a rearrangement project management business established on May 23, 2014. 2) The Defendant Union organized and operated a promotion committee for establishing an association under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter “Urban Improvement Act”) for the purpose of implementing an urban environment rearrangement project in the B-day zone in the Asan City. On July 3, 2008, the Plaintiff and the Defendant Union completed the establishment registration on July 31, 2008 with the approval for establishing an association under the Urban Improvement Act from the Asan City.

Since September 1, 2008, the defendant union applied for the authorization of the establishment of the association with the name of the association members except for some of the non-party C and the revised articles of association on September 11, 2008. On November 28, 2008, the ASEAN Mayor issued a disposition to change the establishment of the association against the defendant union

B. On June 13, 2014, the Plaintiff and the Defendant Union entered into a service contract between the Plaintiff and the Defendant Union. On June 13, 2014, the Defendant Union decided to enter into a contract with the Plaintiff at a meeting of representatives of 19 members present at the meeting of 30 incumbent members among the 30 incumbent members. On July 26, 2014, the Plaintiff and the Defendant Union held a general meeting of its members on a company’s behalf and held the same.

(2) On July 28, 2014, the Plaintiff and the Defendant Mutual Aid Association entered into a special management service agreement (hereinafter “instant service agreement”) with the Plaintiff and the Defendant Mutual Aid Association (hereinafter “instant service agreement”) on the following grounds:

Contracts for Specialized Maintenance Project Management Services

1. Name of the project: A housing reconstruction rearrangement project;

2. Location of the business: B Institute in Chungcheongnam-si, Chungcheongnam-do; and

3. Area of a project: 38,258 square meters (final and conclusive when a project implementation is authorized);

4. Building floor area: Final determination at the time of authorization for project implementation;

5. Contract amount: it shall be the total amount multiplied by the total floor area of the newly-built construction approved by the head of the competent local government to the Geumcheon-gu,00 won per square meter;

provided that..

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