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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a company with the objective of developing and planning and consulting on land development and construction, and the Defendant is a company with the objective of real estate sale and lease business.
B. On April 8, 2010, the Plaintiff entered into a design service contract (hereinafter “original contract”) with the Defendant to provide the Defendant with design services regarding the support facilities for the Yongsan-gun Complex, Chungcheongnam-gun, and the design service cost was set at KRW 8 billion (value-added tax separately).
C. In order to promote a project by phase because the content of the prime contract is narrow and the development area is large, the Plaintiff and the Defendant entered into a design service contract with the Defendant regarding support facilities for the Yongsan-gun Complex, the Plaintiff entered into a contract with the Defendant on June 26, 2012 for the design service cost of KRW 1.677 billion (value-added tax separate) (hereinafter “instant 1 service contract”), and on December 30, 2012 for the design service cost of KRW 500 million (value-added tax separate), respectively (hereinafter “instant 2 service contract”).
However, while concluding the instant secondary service contract, the Plaintiff and the Defendant agreed to pay the Plaintiff the total amount of the above design service cost of KRW 500 million (excluding value added tax) to the Plaintiff when selling the “the first parcel of land in the second phase of the second phase of the site,” taking into account the fact that the contract is a substitute contract for the part of the original contract, the term of the instant secondary service contract was determined from April 8, 2010 to December 30, 2012 (the date of concluding the original contract).
On February 19, 2013, the Plaintiff paid the Defendant the design service cost of KRW 500 million under the instant 2 service contract (excluding value-added tax).