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(영문) 서울고등법원 2019.05.22 2017나2028106
용역수수료 청구
Text

1. The first instance judgment, including the claim of the Plaintiff’s succeeding intervenor added by this court, is as follows.

Reasons

1. Basic facts

A. On February 10, 2011, the Plaintiff (the previous trade name of the Plaintiff was “Co. D,” and the trade name was changed to “Co., Ltd. A” on November 30, 201) concluded an agreement on vicarious execution of the business of constructing apartment-type factories (hereinafter “instant project”) on the ground of the said land (hereinafter “instant implementation agency agreement”) with the Defendants, the owners of Seongdong-gu Seoul, and one parcel outside Seongdong-gu, Seoul (hereinafter “instant land”).

1) Article 5 of the enforcement agency arrangement of this case provides for the "business scope of the plaintiff," which the plaintiff is responsible for and should be performed as an execution agent; ① the support for the authorization and permission of a substitute agency, such as building permission (including modification of building permission), etc. under the construction plan; ② the performance of the conditions of authorization and permission related to construction works included in the scope of execution agency; ③ the performance of construction works by vicarious execution; ③ the administrative affairs of the substitute agency; ④ the processing of civil petitions related to construction (vibration, noise, dust, accident, etc.) and the burden of expenses arising therefrom; ④ the business affairs of the object of the project within the construction period pursuant to the vicarious execution; ④ the conclusion of the business agreement with the financial institution at the time of the part payment by the buyer; ⑤ the vicarious payment by the buyer; ⑤ the expenses for the selection of the contractor and the trust company at the time of the intermediate payment by the buyer; ④ the expenses for the cancellation of the rights of the project site; ② the construction cost and financing of the Si construction project; and ② consultation with the defendants."

① The Plaintiff shall act as an agent for the Defendants, and the Defendants shall pay the Plaintiff service fee of 1.5 billion won.

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