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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 8, 2016, the Plaintiff entered into a service contract between the Plaintiff and the Defendant (hereinafter “instant service contract”) with the Defendant to formulate a modified development plan C and the shop design service contract (hereinafter “instant service contract”).
(2) Article 19 of the Agreement provides that “The Plaintiff shall provide the Defendant with technical services concerning the establishment and approval of a plan for the creation of a tourist destination from July 8, 2016 to the time the project is approved, and the Plaintiff shall pay KRW 500 million to the Defendant with the service cost.” Article 19 of the Agreement on the Services of this case provides that “In principle, a dispute on the major issues arising out of the matters not provided for in this Agreement shall be resolved by mutual agreement between the parties. If the agreement is not reached, D arbitration shall govern.”
B. On May 26, 2016, before the conclusion of the instant service contract, the Defendant prepared a report stating that “if a private developer, other than a project implementer, intends to engage in a C development project under the Tourism Promotion Act, he/she shall obtain at least 2/3 of the ratio of private land area to the project site, and then implement the project through the procedure for approving the change of the plan to create a tourist destination in Gyeongnam-do through Busan-gun, the project implementer, the project implementer.” The Defendant also stated the same purport in the report prepared on October 20, 2016, which was the date the instant service contract was concluded, on his/her behalf, on April 12, 2017. However, the Defendant requested the Plaintiff to approve the change of the C development plan on behalf of the Plaintiff, on April 25, 2017, the Busan-gun made a request to the Plaintiff on June 22, 2017 to supplement the relevant report to the effect that it is possible to implement the project.
3 The plaintiff failed to submit "written consent to use and a copy of identification card signed by the owner of the land owned by another person" among the documents requested to supplement by the Busan Cheong-gun, and the Busan Cheong-gun on February 2018.