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(영문) 수원지방법원 2018.10.10 2017가단20872

부당이득금반환등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a school foundation which establishes and operates the D University located in C in Sung-si. The Defendant is a company running the construction design and supervision business.

B. On January 19, 201, the Plaintiff entered into the instant service agreement with E, a company, the main content of which is to change the Filsung City into a school site. The main content of the contract is as follows (However, the amount of the service price and the payment method thereof was partially changed on September 30, 2014), and the Defendant acquired the said contract from E, a stock company on February 27, 2015.

The service name: The scope of services following the change of the D University Urban Management Plan (Determination of School Facilities): The completion of all the procedures for authorization and permission (including authorization for implementation of the determination of facilities of D University, environmental review, and disaster review) following the change of the urban management plan (determination of school facilities): The service is completed when the Plaintiff has obtained approval for the change of the urban management plan (determination of school facilities) and authorization for the implementation plan for the determination of facilities.

After changing the service cost of KRW 22,00,000 (including value-added tax) for the service cost of KRW 198,000,000,000 for the first and second completed payment for the down payment for the down payment for the down payment for the down payment for the down payment of KRW 14,000 (including value-added tax) within 14 days from the date of receipt of documents for the change of the urban management plan within 14 days from the date of receipt of documents within 14 days from the date of receipt of the revised urban management plan, and within 14 days from the date of public notification of the determination of the urban management plan within 14 days from the date of drafting the urban management plan, within 2,00,000 won within 6,6,000,000 won from the date of public notification of the determination of the urban management plan for the up to 14 days from the date of receipt of documents for the change of the plan (the term of the urban management plan from January 20, 2011>