Expenses incurred in relation to examination of a witness among the costs of lawsuit shall be borne by the defendant.

[2011 Highest 2993] On July 2010, the Defendant concluded a service contract related to permission for the development of an industrial complex with the victim F and the Busan Gangseo-gu G and nine parcels (hereinafter “instant land”) at the E office operated by the Defendant located in Busan Seo-gu, Busan.

Part of the instant land is located in a place designated as a H industrial complex (hereinafter “H complex”) due to the planned formulation of an industrial complex plan under the Act on Special Cases concerning the Simplification of Authorization Procedures for Industrial Complexes, and the remainder is located in the I district under the Act on Designation and Management of Free Economic Zones (hereinafter “I district”).

The Defendant entered into a service contract and agreed to invest with the victim F and others. “H complex and I district are the area where K Co., Ltd. and L Co., Ltd. (hereinafter “K” and “L”) submit a letter of intent to invest in the city of Busan in relation to the development permission of industrial complex. The Republic of Korea is well aware of K and L side, and thus, can obtain a permit for the development of industrial complex by securing the site or waiver of the development plan through consultation. The administrative matters are resolved at a low rate of 00,000,000,000. The administrative matters related to the purchase and sale of land are delegated by M, the owner of the land, and the owner of the land cannot obtain a permit for the development of industrial complex without the consent of the owner of the land. Accordingly, K or L is bound to yield the site because it is impossible to obtain a permit for the development of industrial complex without the consent of M or B, so such consultation with the company is possible and it is possible to obtain a permit for the development of industrial complex thereafter.”

However, the defendant was not well aware of K and L, and in the case of H complex, it is virtually impossible for other companies to file an application for approval of industrial complex plan by submitting LA to Busan City for an application for approval of industrial complex plan.