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(영문) 서울서부지방법원 2015.01.16 2014가합35853
용역비
Text

1. The Defendant’s KRW 10,103,213,90 for the Plaintiff and 6% per annum from October 18, 2012 to August 5, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of planning, implementing agency, and administrative services for housing redevelopment projects. The Defendant is a housing redevelopment project partnership with the approval of the establishment on June 22, 2007, which was established for the purpose of implementing a housing redevelopment project with the area of project district of project district consisting of 283,260.7 square meters located in the area of project in Seodaemun-gu Seoul Metropolitan Government located in 124, Seodaemun-gu, Seoul Metropolitan Government (hereinafter “instant project”).

B. On January 11, 2006, the Plaintiff and Jisung C&D entered into an administrative service contract with the Defendant Promotion Committee with the content that it will provide overall administrative services, such as designating the area of the instant project and approving the establishment of the association, approving the implementation of the project, preparing an application form for the authorization of the management and disposal plan, providing administrative advice on the overall management of the association, and being entrusted with various authorized and permitted services (hereinafter “instant service contract”). Of the terms of the administrative service contract attached to the said contract, the main contents of the instant

Article 4 (Period of Service Performance) The period of service performance under this contract shall be from the date of execution to the date of completion of the liquidation procedures after the public announcement of the transfer of housing redevelopment improvement project in Zone Four New Town in Southern.

Article 5 [Contract Amount] ① The contract amount of administrative service to be paid to “A (referring to the Defendant Promotion Committee; hereinafter the same shall apply)” to “B (referring to the Plaintiff and the Jym&D Co., Ltd.; hereinafter the same shall apply)” shall be the amount calculated by applying only KRW 3,000 per square meter in the total floor space of the plan for the housing redevelopment improvement project in Zone Four of Zone New Town New Town, and the contract amount shall be adjusted by applying the changed total floor space where the total floor space is to be changed due to such reasons as confirmation of project implementation authorization, etc.

(2) Where “B” has successfully performed the affairs for the free transfer of State and public land and “A” is transferred to “B” without compensation, “B” shall be subject to the appraisal and assessment separately from the amount of services referred to in paragraph (1).

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