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(영문) 창원지방법원 2017.07.13 2016가합55523

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around June 2013, 2013, a limited company B (a representative of C who is the representative director of the Defendant; hereinafter “the Association of this case”) established by the manufacturer of shipbuilding machinery and equipment submitted a letter of intent to invest in the development of an industrial complex (hereinafter “instant industrial complex”) with a content of creating a approximately KRW 280,000 square meters industrial complex in the Jingu-gu, Changwon-si, Changwon-si, Changwon-si (hereinafter “instant industrial complex”).

B. Around August 2013, the Plaintiff entered into a technical service agreement with the instant association with the purport that the Plaintiff shall provide the instant industrial complex development plan, such as preparing documents to approve the instant industrial complex development plan, and holding consultations with administrative agencies, and the instant association shall pay the Plaintiff the service cost of KRW 1.5 billion (excluding value-added tax) (hereinafter “instant contract”).

C. On October 2013, the Changwon-si notified the instant Association of the results of its review, which included the content that the instant association should separately attach a sale plan, in order for the instant association to become the project implementer for the instant industrial complex development project, and that the occupant company should be registered as the shareholders or investors of the instant association, and if the association intends to sell the instant industrial complex to companies that are not shareholders or investors of the instant association.

Accordingly, around November 2014, the Defendant and eight companies, who are scheduled to move into the instant industrial complex, other than the instant association, were the project implementer, and applied for approval of the instant industrial complex creation plan. On December 3, 2015, the creative city approved the instant industrial complex creation plan on December 3, 2015. The relevant procedures were conducted by the Plaintiff’s service performance.

E. Meanwhile, the Plaintiff received KRW 100 million on March 13, 2014 and KRW 300 million on October 1, 2014 as the price for the performance of the instant contract.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 6, 7 evidence, Eul 2 and 3 evidence, and the purport of the whole pleadings.