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(영문) 서울서부지방법원 2016.04.07 2015가합35331
용역비
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of redevelopment and reconstruction-related specialized management business.

The defendant union is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which is an executor of the housing redevelopment improvement project in Seoul Mapo-gu District A (hereinafter referred to as the "housing redevelopment improvement project in this case").

B. On April 26, 2006, the committee for establishing a redevelopment association in A related to the housing redevelopment improvement project of this case obtained approval from the competent authority, and the defendant union obtained the authorization of establishment on March 19, 2009.

C. On October 6, 2009, the Plaintiff prepared a performance memorandum as follows (hereinafter “instant performance memorandum”) and submitted it to the Defendant Union.

On October 6, 2009, the Plaintiff promised the following content to the Defendant and submit this letter to the Defendant:

- - Future -

1. An agreement, contracts, etc. entered into with the defendant's partnership shall become null and void all on or before the date of submission of this letter;

2. After the filing date of this letter, the Plaintiff is not involved in the redevelopment and rearrangement project in the zone A.

3. The plaintiff does not raise any civil or criminal objection to the defendant union after the date of the submission of this letter.

4. When there is a problem with the whole documentary evidence submitted by the plaintiff to the defendant union, all of the responsibilities shall be borne by the plaintiff and all civil and criminal responsibilities incidental thereto shall be borne by the plaintiff.

5. The plaintiff shall have all civil and criminal responsibilities when he/she violates the above rules.

[Grounds for recognition] Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 2 and 4, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s defense prior to the merits begins with the Plaintiff entering into a service contract relating to the redevelopment project of the instant housing with a party of the Promotion Committee of the Establishment of the Plaintiff’s Name, and continues to provide services for five years until the establishment and approval of the said Committee, and the establishment and approval of the Defendant’s association.

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