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(영문) 창원지방법원 2015.08.20 2014가합35068

계약금반환청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 14, 2012, the Plaintiff entered into a service agreement with the Defendant for “a virtual hotel basic and shop design” with the area at which the full sea level of the bathing beach at the Dong-si, dong-si. The main contents of the agreement are as follows.

(hereinafter referred to as the “instant contract”). The service contract shall be concluded with respect to “the basic hotel and the working design service for the household distribution system, the fishing village fraternity, the English corporation (Plaintiff) and the three-day Comprehensive Technology Corporation (Defendant)” as follows:

- - The following:

1. Name of contract: Basic hotel and working design services on board a ship;

2. Contract period: From December 14, 2012 to the time of completion of construction;

3. Contract amount (excluding value-added tax): Livenishing KRW 700,000,000;

3. Contents of the contract: - Contents of the contract as attached - Contents of the contract - The purpose of this contract is to provide for the matters necessary for the successful performance of the service concerned by the defendant in cooperation with his faith and good faith with respect to the business to be executed by the plaintiff.

Article 2 (Contents of Business) The defendant shall conduct business in relation to the floating hotel of fishing village fraternities and working design services in accordance with the business instruction presented by the plaintiff.

Article 3 (Name, Scope, and Period of Business) (1) Services name: 1) Services name: 2. License numerical value of authorization, license, test model, topography and marine investigation ground due to a change in the consultation on utilization of sea areas due to the feasibility of working plans to permit occupation and use of public waters within the scope of business and a change in the basic plan for the consultation on utilization of sea areas.

Article 4 (Payment of Service Costs) The rate and timing for payment of the service costs (excluding value-added tax) that the plaintiff pays to the defendant shall be as follows:

1) Advance payment (26%) : 180,00,000 won, cash payment 2) : 170,000,000 won for occupancy and use of public waters within 15 days after the conclusion of the contract (24%) : cash payment 3 working plans within 15 days after the authorization and permission.