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(영문) 인천지방법원부천지원 2015.01.09 2014가합4254
부당이득금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 18, 2013 to June 25, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant entered into each service contract between the Plaintiff and the Defendant 1) for the purpose of implementing the housing reconstruction project for the housing reconstruction of the Nowon-gu Seoul Special Metropolitan City, Busan Special Metropolitan City. The Plaintiff is a housing reconstruction and improvement project association with the approval of establishment on July 13, 2007. 2) The Plaintiff (the Plaintiff’s telegraph) entered into an administrative service contract relating to each housing reconstruction and improvement project on four occasions in total with the Defendant, as follows:

(A) May 18, 2003, an administrative service contract for a reconstruction project (hereinafter “instant initial contract”) on May 18, 2003

Article 3 (Amount of Services and Method of Payment)

1. The service cost shall be fourteen thousand won per floor area of construction, and the value-added tax shall be separately imposed;

2. The time and method of payment of service charges to the defendant is as follows.

at the time of contract 20%

(b) 20% at the time of approving the establishment;

(c) 20% upon application for a project plan;

(d) 30% when holding the general meeting of the association members to formulate a management and disposal plan;

(e)the period from the date of occupancy to the time of liquidation of the reconstruction association, section 4 (Service Period) of the project.

Article 11 (Renewal of Contract)

1. Where it is impossible or substantially difficult to implement the project due to the amendment of relevant Acts and subordinate statutes, such as the Housing Construction Promotion Act, modification of the Government policies or modification of the business plan, etc., the plaintiff and the defendant shall renew

2. Where authorization for establishment of a partnership or authorization for modification of a project implementation is required depending on the Plaintiff’s circumstances, or where a management and disposal plan is modified, the Plaintiff and the Defendant shall adjust service

B) On December 2009, the contents of the contract entered into with the rearrangement project management company in 2006 are the same as the initial contract in this case.) On December 2, 2009, the service amount under Article 3 (service amount) of the Additional Contract for Rearrangement Project Management Services (hereinafter “Additional Contract”).

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