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Reasons
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(영문) 서울중앙지방법원 2016.12.15 2015가합582191
손해배상(기)
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in real estate development and consulting business.

Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in real estate development and sale business.

A: Defendant Company A and B: Plaintiff 2 [the scope of work] ① Upon entering into this Agreement as an executor of the project, Party A shall delegate to Party B the authority to review and perform the following affairs related to the progress of the project:

(2) The duties to be performed by Eul with authority delegated to Gap in connection with this project shall be as follows:

1. Formulation and review of a basic project plan;

2. Examination and progress of authorization and permission for rental business and business by phase;

3. Selection of a construction company meeting the standards for financing project costs;

4. Securing necessary project costs from outside financial institutions, etc.;

5. Recommendation, review and selection of related service companies necessary for the progress of the project;

6. Other services related to the project under Article 5 (Business Services Expenses) (1) The service expenses of this service shall be KRW 800,000,000 (excluding value-added tax).

(2) The service costs under the above paragraph (1) shall be paid in cash in installments as follows:

(3) Where part of the down payment which is not paid or the payment date of the intermediate payment is not arrived at by the time of the payment of the intermediate payment, the relevant amount shall be paid in addition to the intermediate payment, if there is any part of the down payment which is not paid or the payment date of which is not arrived at by the time of the payment of the intermediate payment, within 80,000,000,000, which is within 5 business days from the date of the payment of the intermediate payment of the value-added tax separate intermediate payment of value-added tax.

Article 7 [Cancellation of Contract] (1) In any of the following cases, A may claim termination of a contract and compensation for damages:

1. Where Eul intentionally violates this contract, or causes damage to Gap's property by intention or gross negligence;

2. B. B. without any justifiable reason.

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