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(영문) 서울동부지방법원 2016.06.03 2014가합2899
용역대금등
Text

1. The Defendant’s KRW 638,408,908 among the Plaintiffs and KRW 553,408,908 among the Plaintiffs, from April 5, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. The plaintiffs are companies whose business objective is the building design, etc., and the contribution to the construction office of the plaintiff corporation to the construction office (hereinafter "the plaintiff's contribution to the construction") is the representative of the consortium comprised of the plaintiffs, and the defendant is the association establishment promotion committee composed of the plaintiffs under the Act on the Maintenance and Improvement

B. On November 11, 2010, the Plaintiffs entered into a design service contract (hereinafter “instant design service contract”) with Defendant and B-Housing Reconstruction Project apartment (hereinafter “instant construction”). The contract amount shall be KRW 40,000 per 3m2,00 (including value-added tax) per 3m2,00,000, total floor area, the total floor area shall be calculated as the public perusal or public announcement for designation of a rearrangement zone, and the time and amount of payment for the service payment shall be as follows.

At the time of the completion of the designation of the first intermediate payment area at 10% of the total contract amount at the time of the conclusion of the designation of the second intermediate payment area at the time of the completion of the construction of the second intermediate payment, including 100% of the total amount calculated according to the total floor area determined by 10% at the time of the delivery of the first intermediate payment plan at 20% at the time of the completion of the implementation of the second intermediate payment project.

C. On April 26, 2012, the Plaintiffs filed an application for the establishment of a maintenance plan and designation of an improvement zone on the basis of the said application, and the urban planning deliberation was passed on December 27, 2013, following consultation with the relevant departments and the City Council’s hearing on the basis of the said application. On February 17, 2014, the public notice was issued on the formulation of a maintenance plan and the designation of an improvement zone, and the total floor space of the instant construction is 152,187.45 square meters.

In the course of the above procedure, on December 30, 2013, the Defendant issued a notice of termination of the design service contract of this case to the Plaintiffs on the ground that the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) actually discontinued, and around that time, the said notice was sent to the Plaintiffs.

E. Meanwhile, around November 11, 2010, the Plaintiffs lent KRW 100,000 to the Defendant.

[Ground of recognition] Unsatisfy, A(1) through (3)

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