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(영문) 서울고등법원 2015.01.15 2014나2000183

용역비

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Upon the request of Jeju Special Self-Governing Province (hereinafter “ Jeju Self-Governing Province”), the Plaintiff’s development plan for the C Sightseeing Complex was established around October 2007 and suspended the project following the public institution’s announcement around March 2008, while promoting the project.

On December 2009, as a result of the meeting of related agencies (Planning, Jeju Self-Governing Province, the plaintiff, and the defendant), the above project is promoted in connection with B being promoted by the defendant, but Jeju Self-Governing Province, the plaintiff, and the defendant have to implement the project after concluding a understanding of understanding about the detailed methods and roles of participation within the prompt period of time.

B. The site of the C Tourist Complex Development Project (hereinafter “instant project”) was planned to be a total of 2,397,741 square meters, including the area north of 1,851,104 square meters in Seopoposi-si, Seopoposi-si, and the said project was reflected in the first comprehensive plan of Jeju Self-Governing Province (ended in December 201).

C. On February 25, 2010, the Plaintiff, the Defendant, and Jeju Self-Governing Province concluded a business agreement on the instant project (hereinafter “instant business agreement”) and the main contents are as follows.

Article 1(Purpose)The purpose of this Convention is to provide for matters necessary for the prompt and successful promotion of tourism complex development projects by sharing the business affairs among three agencies.

Article 2 (Matters of Agreement) The duties to be assigned to each three agency under this Convention shall be as follows:

1. Jeju Self-Governing Province shall provide administrative and financial support, such as prompt processing of various authorization and permissions, and designation of investment promotion zones;

2. The Plaintiff shall complete all services incidental to tourism complex development projects from 2010 to 2011 and transfer the relevant documents, etc. to the Defendant by making full use of skilled knowledge, such as tourism development, consulting, etc. possessed by the Plaintiff.

3. The Defendant shall prepare in advance a tourist complex development project, such as purchase of land, from 2010.