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(영문) 서울중앙지방법원 2015.10.08 2014가합511697
용역비
Text

1. Defendant A apartment house reconstruction and rearrangement project association KRW 289,954,665 among them and KRW 50,000,000 among them shall be the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a rearrangement project management contractor under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); Defendant A Apartment Housing Reconstruction and Improvement Project Association (hereinafter “Defendant Association”) is an association established pursuant to the Urban Improvement Act for the purpose of the reconstruction project of A apartment located in Seocho-gu Seoul (hereinafter “instant project”) on March 2, 2015 during the instant lawsuit.

The Defendant Union succeeded to the rights and obligations of the A Apartment Housing Reconstruction Promotion Committee (hereinafter referred to as the “instant Promotion Committee”) which is a telegraph of the Defendant Union.

B. The promotion committee of this case was established with the purpose of establishing an association to implement the instant project, and obtained approval from the head of Seocho-gu on December 7, 2009 for the establishment of the promotion committee.

C. In order to select a management entity specialized in improvement projects, the instant promotion committee selected the Plaintiff as a management entity specialized in improvement projects by holding a competitive bidding method, and holding a resident general meeting on April 27, 2010.

According to the above selection, the Plaintiff and the instant promotion committee concluded a contract for specialized management of the rearrangement project (hereinafter “instant service contract”) on September 16, 2010.

The main contents of the instant service contract are as follows.

1. Title: A apartment house reconstruction project specialized management service;

2. Location of the business site: Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul (including complex appurtenances);

3. Business size - Business area: 37,361.7 square meters.

4. Services: All consulting services on the management of housing reconstruction rearrangement project;

5. Service amount: It shall be the total floor area of 127.635.03 square meters.

In hereinafter, a small number of places is less than a decimal point. Magcheon-gu (value-added tax) - An amount calculated by multiplying the total floor area determined at the time of authorization for the project implementation by the service amount per square meter shall be the total service amount.

6. Service period: the promotion committee of this case as to the above service contract from the execution date to the liquidation date.

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