용역비
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is identical to the remaining part, except for the following additional determination: (a) the part of the claim for damages for delay excluded from the object of this court’s adjudication due to the Plaintiff’s failure to appeal is partly dismissed; and (b) thus, it
2. Additional determination
A. The Defendants asserted that even if the building-to-land ratio of less than 60% is applied in accordance with the order to supplement the office of Gangnam-gu, it was terminated by the termination of the Defendant’s Promotion Committee due to the Plaintiff’s nonperformance of obligation due to the Plaintiff’s cause attributable to the reason that the instant contract was in a situation of refusing to perform or being in an impossible condition.
However, even if the Plaintiff is required to submit the improvement proposal as alleged by the Defendants.
Even if evidence Nos. 2, 4, 7, and 12 were written alone, it is insufficient to acknowledge that the Plaintiff refused to perform his/her duty or was in an impossible status, and there is no other evidence to acknowledge it.
Rather, in full view of the overall purport of pleadings in the evidence Nos. 3-1, 2, 5-2, 6-1, 2, 2, 25-2, 25-3, 26-1, 2, 27-3, and 28-2, the Plaintiff submitted a design modification proposal premised on the case where the defendant's promotion committee without delay after the Gangnam-gu Office's order for supplement was issued on May 16, 2012 to adjust the building-to-land ratio to below 60% differently from the contents scheduled at the time of the instant contract, the defendant's promotion committee cannot achieve the profitability desired by the defendant's promotion committee, and the plaintiff's ability to perform the business related to the application of the building-to-land ratio special provisions or the achievement of profitability, etc., despite the plaintiff's efforts to comply with the request by the defendant promotion committee, such as a request for the deadline to prepare alternative plans. < Amended by Presidential Decree No. 23820, Jul. 10, 2012>