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(영문) 창원지방법원 2016.11.30 2016나52207

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 25, 2014, the Plaintiff, the Plaintiff owned, concluded a civil engineering design service contract (hereinafter “instant service contract”) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) that engages in the business of cadastral surveying, civil engineering design, etc. to establish solar power plants in forests and fields located in Sacheon-si, the Plaintiff, as the Plaintiff’s owner. The main contents are as follows.

The name of services for the construction of sites for special purpose crops and solar power generation facilities: The scope of services for development activities, conversion of mountainous district, occupation and use contract amount: 123,80,000 won - Additional tax and license tax Article 1 (Details and Basic Scope of Services) of the Specific Crops and solar power plant site development projects; the content and scope of services under this Agreement shall commence from the date of deposit under Article 4 below to the date of the commencement of the services and the period of the completion of the services pursuant to the civil engineering design, such as development activities, conversion of mountainous district, occupation and use of solar power facilities, etc. following the construction of site for special purpose crops and solar power plants; and the period of the services under this Agreement shall be from the date of deposit under Article 4 to the date of authorization and permission.

Article 4 (Terms and Conditions of Settlement and Fees) The service agency fees under this Agreement shall be 123,800,000 won, and if special expenses are additionally required, the expenses shall be added separately.

Items 1 down payment (%) 37,140,00 won 2 intermediate payment (30%) 37,140,000 won 37,140,000 won (40%) 49,520,000 won 4 additional tax (in default) 12,380,000 won

1. A separate amount of surtax;

2. A cadastral boundary survey, construction supervision cost, and construction design cost are excluded (in addition to the corresponding time) this contract takes effect simultaneously with the payment of the down payment by the Plaintiff, and simultaneously with the receipt and confirmation of the down payment and the receipt of the request for service by the Defendant Company.

B. On July 26, 2014, the Plaintiff paid KRW 37,140,000 to the Defendant Company as down payment under the instant service contract.

【Ground for recognition, without any dispute, entry of Gap No. 3-1.