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(영문) 서울중앙지방법원 2017.03.16 2016가단5060863
양수금
Text

1. Of the instant lawsuits, the part of the claim for KRW 182,126,541 and damages for delay shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. At around 2013, Cheongso L&C Co., Ltd. (hereinafter “Cheongso L&C”) entered into a management service contract with the Defendant (the president of the partnership at the time of representative C) and the maintenance business specialized. The main contents of the said service contract related to the instant case are as follows:

(hereinafter referred to as “instant service cost claim” in accordance with the above service contract. Article 2 (Scope of Services) “B” (Ahnb) shall perform the following duties, among the duties of the partnership from the date of conclusion of the contract until the time of liquidation of the partnership, by proxy, from among the duties of the partnership:

Article 7 (Contract Amount)

1. The contract amount for the management business specialized in improvement projects shall be an amount calculated by multiplying the service cost per square meter by the total floor area newly built ( approximately 137,344.36 square meters), and the service cost per square meter per square meter shall be KRW 9,070, and the total contract amount shall be settled at the time when the total floor area is determined

(hereinafter referred to as "proviso omitted). The service costs under Article 8 (Method and Time for Payment of Service Fees) shall be paid as follows:

1. When completion of construction deliberation: 20% of the contract amount;

2. When receiving authorization for project implementation: 30% of the contract amount;

3. When completing project implementation authorization: 25% of the contract amount;

4. When approval for management and disposal is received: 10% of the contract amount.

5. When approval for management and disposal is completed: 10% of the contract amount.

6. When starting: 5% of the contract amount.

B. On August 22, 2013, Chungcheong C&C entered into a contract on the transfer of claims (the right to notify the transfer of claims shall be granted to the Plaintiff, the assignee) with the content that it transfers KRW 100 million to the Plaintiff out of the instant service cost claims.

C. On June 23, 2014, Cheongdae C&C entered into an additional agreement on the assignment of claims with the Plaintiff and the Plaintiff regarding KRW 100 million out of the instant service charges, and on the same day, the Defendant (the president of the partnership at that time) consented to the said assignment of claims of KRW 100 million.

On March 17, 2016, the Plaintiff indicated a total of KRW 200 million out of the instant service charges that it acquired to the Defendant on each of the above dates.

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