(영문) 서울서부지방법원 2017.01.13 2016가단15498

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(영문) 서울서부지방법원 2017.01.13 2016가단15498

용역대금

Text

1. The Defendant’s KRW 82,321,493 as well as 5% per annum from January 5, 2016 to January 13, 2017, and the next day.

Reasons

1. Facts of recognition;

A. The Defendant is a housing redevelopment and rearrangement project partnership that implemented a housing redevelopment and rearrangement project in the Seoul Western-dong 124-dong, Seodaemun-gu, Seoul.

B. On September 4, 2007, the head of Seodaemun-gu Seoul Metropolitan Government project implementation authorization was granted for the said redevelopment project.

At the time, the head of Seodaemun-gu calculated by multiplying the estimated amount of sewage burden (charges) to be borne by the Defendant by the amount of sewage generation (3,671.79 tons/per unit) by 1,211,690,700 won per unit (330,000 tons/ton) by the amount of charges per use of the building, and notified the Defendant of the terms and conditions of authorization for the implementation of the project and the details of guidance. However, this is a rough calculation, so the head of Seodaemun-gu directed the Defendant

C. On March 12, 2010, the Defendant obtained authorization from the head of Seodaemun-gu to alter the implementation of the said redevelopment project.

At the time, the head of Seodaemun-gu calculated the expected amount of charges in KRW 2,120,100,000 and notified the Defendant of the terms of authorization for modification. This amount is calculated by multiplying the amount of sewage generated (5,730 tons/days) by the amount of charges per unit (370,000 won/metric tons) when the Defendant installed the drainage system in lieu of the amount of sewage generated by each use of the building at the time of application for authorization for modification of the project.

On June 22, 2010, the Defendant entered into a sewerage reduction service contract (the instant service contract) between the Plaintiff and the Plaintiff, and the main contents are as follows.

- The Plaintiff finds out factors, items, etc. that can reduce the charges by thoroughly analyzing the amount imposed by the Defendant on the amount borne by the sewage burden (the amount imposed by the charge imposed as the condition of permission at the time of approval for modification of the project plan on March 2010) in accordance with the law and procedure, and consult with the competent authorities (the Seodaemun-gu Office).

(Article 3(1). - The plaintiff shall reduce the charges to the maximum extent possible through continuous consultation with the competent authorities, and shall report it to the Gap.

(Article III, Section 2). -

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