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(영문) 수원지방법원안산지원 2017.12.21 2016가합9145
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a management entity specialized in improvement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); the Defendant is an association established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) on the scale of 73,080 square meters per 275-3 square meters per optical-dong, Gwangju-dong, Gwangju-dong.

B. On September 3, 2012, the Defendant obtained authorization to establish an association from the Lighting Market. On September 25, 2012, upon completing the registration of establishment on September 25, 2012, the Defendant comprehensively succeeded to the Defendant’s rights and obligations of the Committee for Promotion of the Development of Housing Redevelopment in Zone 9R, a telegraph.

C. On September 11, 2010, the promotion committee held a general meeting of residents, and decided to select the Plaintiff (the trade name at the time was “Esia Urban Development Corporation” and then changed to the current trade name on January 19, 201) as the management entity specialized in the improvement project in charge of the administrative services of the instant project as the agenda item 4 (the selection of a management entity specialized in the improvement project and the case of delegation of the conclusion of a contract) and delegate the conclusion of the contract with the Plaintiff to the promotion committee.

Accordingly, on November 17, 2010, the Plaintiff and the Promotion Committee entered into a contract for the specialized management of the rearrangement project (hereinafter “instant service contract”) with respect to the instant project, and its main contents are as follows.

- Z - The total amount of service charges for Article 3 shall be 3,800 won per total floor area (3.3 square meters) in the Mazine 9R area, and the value-added tax shall be separate.

(Provided, That when the total floor area of construction is determined according to the authorization for project implementation, the committee for promotion of the payment of service charges under Article 4 shall pay the plaintiff at the request of the plaintiff according to the completion of each phase as follows:

Division Payment Ratio non-fixed

(a) Lending money to a contractor selected as an association establishment after 20% of the total contract amount of the down payment;

(b) 25% of the total contract amount upon completion of authorization to establish an association;

(c) authorization for project implementation;

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