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(영문) 창원지방법원 2017.11.23 2017가합50396
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. A. Around September 201, the Defendant (the former name “B workplace housing association”) entered into an administrative service contract for the rearrangement project that delegates overall tasks, such as consultation on cooperative operation and business affairs, review on feasibility, establishment of an association, selection of a contractor, project approval, dissolution, liquidation, etc., with the Jini-si, Jin-si, Jin-si, Jin-si (hereinafter “Jin-si”) to implement a housing construction project that constructs apartment and auxiliary facilities, neighborhood living facilities, etc., the Defendant (the former name “B workplace housing association”). On February 8, 2013, the Defendant terminated a service contract with the Jin-si, Chang-si, and entered into a “PM service contract” similar to the Plaintiff on April 25, 2013, with the project proprietor as the regional housing association, and on April 23, 2013:

Article 5 (Duties of Plaintiff)

1. Consultation on the operation of 3 cooperatives and work of PE-related affairs for the basic progress - consultation on the decision-making of major meetings - consultation on the operation of cooperatives and on the handling of affairs;

2. Business 1) PM-Preparation of a list of applications for project approval - Preparation of documents related to project approval - Assistance in inspection and management of the progress of the project after the commencement of the project - Assistance in the work for inspection and management of the project after the commencement of the project - Preparation of a contract agreement and assistance in conclusion of the contract - Terms and conditions of the preparation of the entire project budget and methods of payment of the remuneration for the consultation

1. Adjustment and timing of payment of the cost of MF services 1) The amount of remuneration for the basic progress of the Plaintiff’s work is 720,000,000 won for basic service cost (720,000,000 won for value added tax).

2. The Plaintiff’s profit structure improvement field is ① air reduction, ② V.E. (including commercial buildings in a complex), ④ cost reduction, such as various fees, interest, etc., and the Defendant and the Plaintiff additionally agree at the time of action by sector.

B. After the Defendant’s president D withdraws from office on October 2013, the Plaintiff’s employees E from November 2013.

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