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(영문) 부산지방법원 2017.04.26 2015가합7841
용역대금등
Text

1. The Defendant’s KRW 220,702,00 for the Plaintiff and 6% per annum from January 8, 2016 to December 26, 2016.

Reasons

1. Basic facts

A. Conclusion of the instant service contract with the Defendant B

1. Details of services;

(a) Affairs of collecting written consents to landowners of the relevant land (written consent to land use, designation of district units, written consent to the formulation of plans, etc.);

(b) Purchase by proxy and conclusion of a purchase contract on the parcel of land in the relevant land protocol;

(c) Management of sellers of land and buildings;

2. The performance period according to the contents of services;

(a) 50 percent (80 percent of the total area of the project site) of the total area of the land subject to the imposition of consent form and the conclusion of a sales contract: Until December 30, 2015 (two months);

(b) Not less than 95 percent of the total area of the site for a project, the area of which has completed the business of collecting written consent and concluding a sales contract: Until June 30, 2016 (8 months);

3. The service price and time of payment;

(a) Contract deposit: 60,000,000 won when a contract is concluded; and

(b) Operating expenses: 40,000,000 won on the last day of each month; and

(c) When the area (80% of the total area of the project site) that has completed the business of collecting written consent and concluding a sales contract has been achieved: 300,000,000 won (including contract money and operating expenses);

D. On October 30, 2015, the Defendant and B concluded a service contract with the content that the area of the completion of the work of collecting written consent and concluding a sales contract is 95% or more of the total area of the project site: 600,000,000 (including contract money and operating expenses) and the Defendant and B entered into a contract with B for purchasing land and having B perform the affairs of collecting written consent to establish the C District Housing Association contracted by the Committee for Promotion of Establishment of the Regional Housing Association (hereinafter “instant service contract”).

The main contents of the instant service contract are as follows.

B. On November 20, 2015, the Plaintiff, as a legal entity that aims to develop real estate, entered into a service succession agreement with the purport of comprehensively transferring all the obligations and rights of the parties to the instant service agreement to the Plaintiff as a party to the instant contract.

C. On December 10, 2015, the Defendant notified the rescission of the contract by the Defendant to the Plaintiff by November 30, 2015.

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