계약금반환 청구의 소
1. On October 13, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 35,422,068 and KRW 32,201,880 among them.
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. The Plaintiff, including the status of the parties, is a stock company established with the objective of establishing and operating a “Csan Hall” and the Defendant is a stock company that runs a service business, such as district unit planning.
B. The Plaintiff and the Defendant entered into the instant service contract between the Plaintiff and the Defendant (hereinafter “instant service contract”) with F of the president of the E University, a school juristic person D and the president of the D Educational foundation D, the Plaintiff established “Csan Memorial” in 1230,000m2 in the Hacheon-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “instant project”).
(2) Around June 2012, the Plaintiff was established on May 17, 2012 as the main agent of the instant project. (2) Around June 2012, the Plaintiff proposed a proposal to the Defendant for the estimation and submission of district unit planning services and project authorization and permission services related to the instant project. The Defendant submitted a plan and estimate to perform the instant project on June 13, 2012, and explained the Plaintiff’s proposal to perform the project, and was selected as the Plaintiff’s candidate for the instant service contract by explaining the plan and estimate to perform the project, and made a prior consultation to enter into the service contract, such as submitting the Plaintiff with the revised statement twice until October 2012.
2) Upon consultation with the Plaintiff and the Defendant on January 7, 2013, a service contract for district unit planning and tourism complex development plan (hereinafter “instant service contract”).
The contract was concluded. The main contents related to the instant case in the instant service agreement are as follows. ① The Plaintiff (the scope of services) (based on the data provided by A) shall prepare and receive the following books for proposing and determining district unit planning in accordance with the National Land Planning and Utilization Act and relevant statutes:
1. Preparation of a district-unit plan for formulating and proposing a district-unit plan;
2. Strategic environmental impact assessment;
3. Review of traffic feasibility;
4. Review of landscape;
5. Land suitability assessment;
6. Other books that need to be prepared for the formulation, proposal, decision and announcement of district unit planning.