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(영문) 부산지방법원 2018.06.08 2017가합46451
용역비
Text

1. The Defendant’s KRW 258,553,00 for the Plaintiff and KRW 6% per annum from December 30, 2017 to June 8, 2018.

Reasons

Facts of recognition

A. Party 1) The Plaintiff is a company with the purpose of real estate development business, consulting business, and specialized housing maintenance business. 2) The Defendant, on February 17, 2017, was established with the authorization of the association establishment on February 17, 2017 for the purpose of implementing the housing reconstruction improvement project (hereinafter “instant reconstruction project”) in the Nam-gu Busan Metropolitan City, the Plaintiff comprehensively succeeded to the rights and obligations related to the instant reconstruction project of the Association Establishment Promotion Committee for the Urban and Residential Environment Improvement Act (hereinafter “Defendant Promotion Committee”) pursuant to Article 15(4) of the Urban and Residential Environment Improvement Act (hereinafter “Urban Improvement Act”).

B. (1) On February 8, 2007, the Defendant Promotion Committee held a general meeting of residents and selected the Plaintiff as a rearrangement project management company. (2) On February 22, 2007, the Defendant Promotion Committee concluded a management service contract with the Plaintiff for housing reconstruction (hereinafter “instant service contract”), and the main contents of the said service contract are as follows.

Article 7 (Contract Amount) The contract amount shall be the amount calculated by multiplying the daily service cost by the total total floor space, and 33,500 won per square meter on the basis of the total total floor space, and the total contract amount shall be calculated by applying the total total floor space of the new design (design) first, and the total building space shall be settled at the time of determining the total building space after authorization for project

Provided, That value-added tax shall be separately imposed, and where the total floor area is changed due to a change in the authorization for project implementation, the unit price per square meter shall apply.

Article 8 (Methods and Timing for Payment of Service Fees)

1. The defendant promotion committee shall give priority to the plaintiff in cash or cash cashier's checks issued by commercial banks to the plaintiff according to the following work performance stage after entering into a contract with the contractor to be selected later.

Article 10 (Grounds for Termination or Termination of Defendant's Promotion Committee's Service Contract)

1. In the event that the Plaintiff falls under any of the following, the Defendant Promotion Committee shall enter into all or part of the contract:

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