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(영문) 울산지방법원 2019.01.24 2017가합23673

용역비반환 청구의 소

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 3, 2013, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Defendant on December 3, 2013, with the content that the Plaintiff will pay the Defendant KRW 440 million (including value-added tax) with the service payment (hereinafter “instant service contract”). < Amended by Presidential Decree No. 23407, Dec. 3, 2013; Presidential Decree No. 23568, Feb. 19, 2018; Presidential Decree No. 23588, Feb. 19, 2018>

At the time, the plaintiff and the defendant agreed upon the special agreement that "the defendant shall be responsible for the business of this case, and settle the authorization, permission and civil petition, and if the business is not approved, the service cost shall be immediately returned to the plaintiff (hereinafter "the special agreement of this case").

B. On December 4, 2013, the Plaintiff paid the Defendant a total of KRW 440 million, including KRW 110 million on December 4, 2013, KRW 330 million on January 10, 2014, and KRW 440 million on January 10, 2014.

C. On the other hand, around December 2013, the Plaintiff entered into a technical service contract with G Co., Ltd. (hereinafter “G”) with the content that: (a) set the service cost of KRW 1.6 billion and had G perform the work of preparing design drawings and specifications necessary in the process of obtaining authorization for the instant project; and (b) preparing the instant application for approval.

In around 2014, the Plaintiff jointly carried out the instant project with 13 companies, including H, and entered into the instant joint project operator agreement with the purport that the Plaintiff selects the representative company and delegate all the authority regarding the implementation of the project to the Plaintiff.

E. From October 2014, the Defendant created an industrial complex through the instant project against the large residents of the instant project site from around October 2014.