계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 20, 2016, the Plaintiff and the Defendant entered into a construction design service contract (hereinafter “instant service contract”) related to “Seocheon-gu C and D’s neighborhood living facilities and accommodation facilities construction business” (hereinafter “instant construction service contract”) at KRW 80,00 per square year (each construction design service, construction supervision service), total amount of KRW 748,480,000, and up to the date of completion of construction (the date of issuance of the approval for use) from the contract date under Article 2 (Period of Contract) of the above contract. The Plaintiff’s change of the plan or the permission delay, etc. may be extended through consultation with the Plaintiff when it is inevitable for the Plaintiff to change the service schedule.
Article 3 (Scope of Contracts, etc.) (1) The scope of services provided by the defendant to the plaintiff is as follows:
Article 6 (Method of Payment of Service Costs), 19% at the time of contract completion, 51% at the time of construction permit completion, 25% at the time of approval for delivery of construction books, 5% at the time of approval for use approval, and 7 (Adjustment of Price) at the time of approval for use, such as planning and design (including geological survey, current status survey, confirmation survey), basic design, working design, various specifications, construction cost statement and calculation statement, project cost description and model (limited to the case of authorization and permission necessary), preparation, implementation plan and model (limited to the case of authorization and permission), preparation, cooperation, energy efficiency rating, etc.
Details are as follows:
B. On June 20, 2016, the day of the instant service contract, the Plaintiff paid down payment of KRW 70,000,000 to the Defendant.
C. On August 19, 2016, the Defendant requested the increase of the contract amount to KRW 120,000 per square day (previous average KRW 80,000) following the change in the main use, and the Plaintiff rejected the request.
[Ground of recognition] Unsatisfy, A(1) through (3)