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1. The defendant shall pay 5,00,000 won to the plaintiff and 12% per annum from June 1, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. On May 20, 2016, the Plaintiff entered into a soil contract (hereinafter “instant contract”) with the Defendant, a subsidiary of C Co., Ltd. (hereinafter “C”) to supply the net banking volume among the E-Industrial Complex Development Project, which was being promoted by C with D Co., Ltd. (hereinafter “D”), and the main contents of the said contract are as follows.
Article 1 (Purpose) The purpose of this article is to facilitate the creation work of the E Industrial Complex Development Corporation being implemented by the defendant by the plaintiff against the defendant as a result of performing the contract duties.
Article 2 (Terms and Scope of Contracts)
1. The content and scope of the construction to be performed by the Plaintiff under this contract shall be as follows: Article 4 (Service Fees and Deposit Accounts) of the Stage Supply of Filling-in Goods among the E Industrial Complex Development Works
1.The service fees under this Agreement shall be 50 million won (in separate sheet).
Article 6 (Termination of Contracts)
1. If the defendant does not obtain the approval of the execution plan for the industrial complex, the service fees shall be refunded;
B. Under the instant contract, the Plaintiff paid KRW 5 million to the Defendant KRW 27.5 million on May 20, 2016, KRW 25 million on March 6, 2017, and KRW 55 million on March 20, 2017.
C. On June 22, 2017, Yangsan-si approved approval of the implementation plan for the E industrial complex, but the service contract between D and C was terminated before September 2018.
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1's evidence (including paper numbers), the fact inquiry results against D Co., Ltd. of this court, the purport of the whole pleadings
2. Prior to determining the cause of the claim, the following circumstances revealed in light of the facts of the foundation and the purport of the entire pleadings, namely, (i) the Defendant, as a subsidiary of C, agreed to allow the Plaintiff to receive an order from D when an industrial complex implementation plan is approved by himself/herself as a subsidiary of C, concluding the instant contract in the form of a provisional contract, and guaranteeing the Plaintiff’s ability to perform the works.