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(영문) 청주지방법원 2018.04.11 2017가합202750
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a regional housing association that organized a regional housing association, regional housing association, apartment construction project of 401 households in a total of 401 households of Cheongju-si, a regional housing association, or a regional housing association that obtained authorization for the establishment of a housing association with the number of members 25 on November 14, 2015.

(hereinafter referred to as the “Defendant”). B.

On May 14, 2012, the Defendant entered into a management services contract with D Co., Ltd. (hereinafter “D Co., Ltd.”) to delegate all matters necessary for the implementation of the instant project to KRW 3,570,000,000, and at the time, the Defendant selected E Co., Ltd. (hereinafter “former Co., Ltd.”) as the contractor at the time.

Although the Defendant paid KRW 660,00,000 out of the above service costs to the previous executor of the instant case, the Defendant terminated the said management service contract under the agreement with the previous executor of the instant case and the contractor, which did not properly proceed with the instant project.

C. On March 17, 2015, the Defendant entered into an agreement with F Co., Ltd. (hereinafter “instant contractor”) on a housing construction contract (hereinafter “instant contract contract”). The instant contractor participated in the said agreement as a joint and several surety by the Defendant. The main contents of the said agreement are as follows.

(4) In accordance with the terms and conditions under which the Defendant entered into a construction contract at the time when the subscription rate of at least 80% has arrived at, and the subscription rate of at least 90% has been commenced, and the subscription rate set forth above may be changed by consultation between A and B.

(5) In addition to the details resolved at the fourth special general meeting ( February 28, 2015), cooperative members, down payment, additional charges, and additional charges are completed. -25 square - total of 46.3 million won, and total of 35 square 6,563 only.

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