logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.03.23 2016가합51745
용역비
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 214,00,000 for the Plaintiff and its related expenses on February 2, 2013.

Reasons

1. Basic facts

A. On April 21, 2009, the Defendant is a cooperative established to implement a housing redevelopment improvement project (hereinafter “instant project”) with respect to the parcel of Gwangju Northern-gu B and 243 lots (hereinafter “instant project zone”), and has the following provisions in its articles of incorporation:

[Defendant’s Articles of Incorporation] 16 (Duties, etc. of executives) (1) The head of an association shall represent the association, exercise overall control over its affairs, and preside over its general meetings, representatives’ meetings

(6) If the president of a cooperative is unable to perform his/her duties due to an accident, etc., he/she shall act for the president in the order of senior director.

Article 21 (Matters to be Resolved by General Meeting)

5. Contracts to be borne by members, other than the matters stipulated in the budget.

B. On September 7, 2006, the Plaintiff entered into a service contract (hereinafter “the first service contract”) with a housing redevelopment and improvement zone establishment promotion committee (the Defendant was established later) and the Plaintiff to receive KRW 330,00,000 (excluding value-added tax) at the service cost.

After that, the plaintiff completed the original service, and on December 15, 2007, the Gwangju Metropolitan City public notice of the rearrangement plan and the designation of the rearrangement zone was publicly notified.

C. Since then, on May 7, 2012, the project of this case did not proceed with the several years. On May 7, 2012, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Defendant and the Plaintiff, through D, to provide the Defendant and the Plaintiff with a housing redevelopment improvement project planning and a designation of a rearrangement zone modification (hereinafter “instant services”) on the instant business zone, and to receive KRW 195,00,000 (including value-added tax, KRW 214,50,000,000, when including value-added tax) at the service cost.

Of the instant service contract, the payment of service costs is related.

arrow