1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 26, 1994, the Namwon-si Seoul Central District Court was designated as urban planning facilities (general medical facilities) in accordance with the Seoul Central Urban Management Plan (Public Notice of Jeollabuk-do), and accordingly, the “E Hospital” was established and operated as a general medical facility in the above area.

B. On August 26, 2013, the Plaintiff: (a) entered into a technical service agreement with the Defendant on September 3, 2014, setting the service period as KRW 33 million with respect to “dispacting services in the Antarctic E Hospital General Medical Facilities” (hereinafter “instant service agreement”); and (b) paid KRW 20 million out of the service price to the Defendant on the same day on the same day.

C. In accordance with the instant service contract, the Defendant submitted a draft of amendment to the urban management plan at Namwon city around January 20, 2015, and on July 31, 2015, the Namwon city publicly announced modification of the urban management plan to abolish the existing urban planning facilities (general medical facilities) on July 31, 2015 after undergoing procedures, such as formulation, public announcement, hearing of residents’ opinions, consultation with relevant departments, consultation with the urban planning committee

(F) 【Public Notice of Jeollabuk-do). / [Grounds for Recognition] without dispute, Gap evidence 1, Eul evidence 4 through 8, and 10, respectively, and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. The Defendant failed to complete the service within the service period stipulated in the instant service contract, and accordingly the Plaintiff terminated the instant service contract on or around April 29, 2015, and thus, the Defendant is obligated to refund KRW 20 million and delay damages paid by the Plaintiff.

B. In addition, the Plaintiff trusted that the Defendant should complete the service within the service period and employed the doctor and staff for the operation of the “E convalescent” from April 2015, and then up to July 2015, totaling KRW 114,933,050.