계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company that produces and sells shipbuilding machinery and materials, prepares industrial complexes, sells them, etc., and the Defendant is a company that performs civil engineering, design supervision, supervision of execution, etc.
B. On January 17, 2008, the Plaintiff intended to implement a construction project for creating a large-scale general industrial complex (hereinafter “instant project”) including reclaiming public waters in the Sogdong-si, Cheongdong-si, Cheongdong-si, and entered into a standard contract for technical services (hereinafter “instant technical services contract”) with the Defendant setting the contract amount of KRW 3.4 billion with respect to “design and Supervision Services for the General Industrial Complex Development Project” as “from January 17, 2008 to the time of construction completion” (hereinafter “instant technical services contract”).
Plaintiff
The scope of services of Article 3 (Scope of Services) B shall include all of the matters related to consultation, preparation of authorization and permission books, various investigation affairs, preparation of drawings according to the formation of shipbuilding industrial complex, calculation of volume and supervision in connection with the above contract.
Article 4 (Performance of Services) 1) B shall complete the services in good faith in accordance with the standards of all laws, regulations and regulations related to the above services by the deadline for completion of the above services. 2) With respect to the books requested or omitted in administrative procedures and the books requested by A, the documents shall be supplemented and submitted to A.
3) The period of the work performed by B shall be from the date of this contract to the date of the completion of the construction (the completion of the construction work). Article 5 (Commencement of the construction work) Section 5 (1) must commence the technical service as prescribed in the contract document, and upon commencement, submit a schedule of the work schedule to A.
2) If it is deemed impossible to perform the service within the prescribed period due to the delay in the performance of all or part of the technical service, A may instruct B to take measures necessary for the performance of the service. Article 13 (Adjustment Number of Payment for Price) is not higher than 1.