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(영문) 서울고등법원 2015.03.26 2014나33910
대여금등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. The Eunpyeong-gu Seoul Metropolitan Government Promotion Committee for the Establishment of the G Housing Redevelopment Project Cooperatives (hereinafter “Promotion Committee”) was established for the purpose of promoting housing redevelopment projects in the Eunpyeong-gu and the F Group, and the Defendant (Appointeds), the designated parties, Defendant C (hereinafter collectively referred to as “Defendants”), A, and B became the chairman or promoters of the Promotion Committee.

B. On December 24, 2004, the promotion committee announced a public announcement to select a rearrangement project management company of the G Housing Redevelopment Project (hereinafter “instant redevelopment project”), and the Plaintiff participated in the said public tender and was selected as a rearrangement project management company.

C. On February 3, 2005, the promotion committee entered into a business services contract with the Plaintiff in the form of a provisional contract (hereinafter “instant provisional contract”).

The plaintiff in the above provisional contract vicariously performed all of the affairs such as approval of the basic plan for redevelopment, designation of the downtown redevelopment zone, district unit planning, authorization for establishment, authorization for project implementation, authorization for the management and disposal plan, authorization for modification of the management and disposal plan, and announcement of sale disposal.

The main contents of the above provisional contract are as follows:

- Business area: 58,895С - Business period: (a) from the date of conclusion of a contract to the date of dissolution of a partnership (based on 72 months): 48,280 square meters (the building area at the time of approval for a project) - Amount agreed upon for a service: 28,000 won (based on VAT) 】 total floor area approved for a project (based on the method of subsidizing the amount agreed upon for a service);

1. The promotion committee shall pay to the Plaintiff according to the payment ratio of the total contractual amount by phase within 15 days at the request of the Plaintiff, with the completion of the following schedule by phase:

10% in case of contract

(b) 20% upon completion of the designation of an improvement zone;

(c) 20% at the time of authorization for project implementation;

(d) 20% in the selection of the contractor and the full amount of loans;

(e) 20% when authorizing a management and disposition plan;

(f) 5% in occupancy;

(g) 5 percent at the time of liquidation;

2. Paragraph (1).

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