계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and the Defendant are companies with the purpose of designing and supervising buildings, and A Housing Redevelopment and Improvement Project Cooperatives (hereinafter “A Housing Redevelopment and Improvement Project Cooperatives”) are Housing Redevelopment and Improvement Project Cooperatives established on September 24, 2009 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing a housing redevelopment and improvement project (hereinafter “instant improvement project”) within 149,346 square meters in Seoul Special Metropolitan City, Jeonju-si.
B. On February 9, 2010, the Plaintiff entered into a construction design service contract (hereinafter “instant service contract”) with the non-party union as the contract amount of KRW 3,422,300,000 (excluding value-added tax) with respect to the instant improvement project, and on February 10, 2010, paid KRW 752,906,00 (including value-added tax) equivalent to 20% of the contract amount from the non-party union as the contract deposit. The main contents of the instant service contract are as follows.
Article 4 (Calculation of Service Fees and Method of Payment) (1) The calculation criteria and method of service fees shall be based on the consideration criteria.
Provided, That where on-site conditions and design conditions are special or duties are added, the consultation between "A" and "B" shall be determined.
(2) The price for the design business may be paid in lump sum, or in installments.
(3) In principle, where payments are made in installments, the payment timing and amount shall be as follows, but "A" and "B" shall be 20% 684,460,460,466,000 752,906,00 for the service contract, 30% 1,026,690,690, 129, 359,000 at the time of application for authorization for project implementation 203,460,460,406, 304, 2030, 304, 304, 204, 306, 304, 304, 200, 304, 460, 460, 406, 752, 906, 900 at the time of public announcement of authorization for project implementation:
(c).