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(영문) 서울중앙지방법원 2015.06.24 2013가합85580
약정금
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 entered into a service contract between the Defendant and the Chang River Maintenance Development Co., Ltd. and the implementation progress1) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”) and the Housing Reconstruction Improvement Project (hereinafter “instant project”).

(2) On December 24, 2002, with the approval of establishment from the head of the Gu on July 31, 2003, the Defendant obtained the approval of establishment from the head of the Gu on December 24, 2002, and completed the registration of establishment on July 31, 2003. 2) On March 14, 2005, the Defendant obtained the approval of the project implementation of the project of this case from the head of the Gu on March 14, 2005. On September 23, 2005, the Hyundai Industrial Development Co., Ltd., Ltd. (hereinafter referred to as the “former Industrial Development”), entered into a construction contract with the head of the Gu

3) After that, the Defendant’s discontinuance of the instant project due to the dispute with the Hyundai Industrial Development, which is a contractor, and the Defendant’s discontinuance of the project around 2009.

2) On December 23, 2009, the management and disposal plan-related business affairs of the instant case, including the designation of the contractor for improvement project, the re-designation of the project, the authorization for the change of the project implementation, and the authorization for the change of the management and disposal plan, are as follows:

between the management services contract (hereinafter referred to as “instant services contract”) with the following contents:

§ 4. (In connection with this contract which establishes the scope of maintenance services, the following services are directly provided or advisory and support for the performance of services by the defendant:

1. Support for and consultation on business affairs for authorization for implementation of projects;

2. Application for approval for and consultation on amendment of a management and disposal plan;

3. Support for and consultation on affairs related to occupancy;

4. Support for and consultation on transfer and public announcement;

5. Other matters concerning support.

(a) Support for and consultation on the selection of collaborative companies;

B. The defendant shall prepare data, such as a board of representatives, a board of directors, a general meeting, etc., support for business affairs, and consultation (resumed loans) pursuant to the conclusion of the business agreement.

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