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(영문) 서울고등법원 2017.12.14 2016나3074 (1)
용역비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On March 2013, the Plaintiff’s representative director C, such as the purchase of the instant land, introduced D large 704 square meters (hereinafter “instant land”) to E, a dong representative director, who sold in the Korean Land and Housing Corporation in Jungpo-si, Kimpo-si (hereinafter “the instant land”).

Accordingly, on March 27, 2014, the Defendant entered into a contract with the Korea Land and Housing Corporation to sell the instant land in KRW 112,8520,00,000, and paid all the sales price to the Korea Land and Housing Corporation from the same date until May 2, 2014.

B. On April 1, 2014, the Plaintiff and the Defendant entered into a project management contract with the Plaintiff on the instant land to newly construct the neighborhood living facilities of the first and second floor above the ground (hereinafter “instant building”) on the instant land (hereinafter “instant construction contract”). On April 1, 2014, the Plaintiff and the Defendant entered into a project management contract with a total of KRW 1.685 million (including construction cost of KRW 1.655 million, service cost of KRW 335 million, value-added tax, and value-added tax; hereinafter “the instant construction cost”). The details of the contract are as follows.

(A) The contract of this case was executed on May 15, 2014, on which the design drawing of the instant construction was completed on or after May 8, 2014, on or after May 15, 2014. The contract of this case was executed retroactively on or after April 1, 2014: the contract amount: the daily amount of KRW 1,505,000,0000 for the service period (in addition, : 1,505,000 for the daily amount of KRW 1,50,000 for the service period (3 months before the construction period): the defendant and the beneficiary, who are the project owner, promised to enter into the contract of the said service in accordance with the general terms and conditions attached to the Plaintiff and perform their obligations in good faith (hereinafter omitted). In carrying out new construction on the land of this case, the contract was made by the defendant.

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