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(영문) 서울고등법원 2018.07.04 2017나2009976

계약금반환 청구의 소

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1. Of the parts relating to the principal lawsuit in the judgment of the court of first instance, the following amounts shall be ordered to be paid:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established on May 17, 2012 as the main agent of the business, while the Plaintiff, as the president of the E University, who operated the educational foundation D and E University together, and the president G of the educational foundation D, promoted the business of establishing a “Csan Hall” in the area of H 1230,000 square meters of forest land in the Nam-gu, Dong-gu, Seoul Special Metropolitan City (hereinafter “instant business”). The purpose of the business is to establish and operate the said memorial hall, and the Defendant is the service business such as survey, survey, planning, design and supervision, and the landscape impact assessment agency business.

B. (1) Around June 2012, the Plaintiff submitted an estimate of district unit planning services and project authorization and permission services related to the instant project to the Defendant. On June 13, 2012, the Defendant submitted a task performance plan and estimate to the Plaintiff, and explained the project performance proposal, and then was selected as a candidate company for the Plaintiff’s service contract. After which the Defendant submitted two revised announcements to the Plaintiff by October 2012, the Plaintiff and the Defendant agreed to enter into a service contract with the Plaintiff on January 7, 2013 (hereinafter “instant service contract”). Upon prior consultation, the Plaintiff and the Defendant entered into a district unit planning and tourism complex development service contract (hereinafter “instant service contract”). The main contents are as follows: (a) the Plaintiff’s preparation and announcement of the district unit planning plan based on the National Land Planning and Utilization Act and relevant Acts and subordinate statutes, based on the data provided by the Plaintiff; and (b) the preparation and announcement of the district unit planning plan, based on the data on the draft and announcement of the plan to develop and make a district unit plan: