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(영문) 서울서부지방법원 2017.07.05 2016가단234459
용역대금반환 청구의 소
Text

1. The plaintiff's claim against the defendant is dismissed.

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

Reasons

1. The plaintiff is a company that operates real estate development business, and the defendant is a company that runs the construction design and the civil engineering service business.

A Forest A forest land A 24,065 square meters, which is located in Chungcheongnam-si, is classified into “B”, “473 square meters prior to C, D large 479 square meters, “A road 270 square meters”, and “F road 178 square meters (hereinafter collectively referred to as “each of the instant lands”) and “G”, respectively.

On August 12, 2014, the Plaintiff concluded a sales contract to purchase each of the instant land from B and G to promote the establishment of a factory and warehouse on each of the instant land (hereinafter “instant project”).

On September 30, 2014, the Plaintiff entered into a service contract with the Defendant with the following contents delegated factory construction approval, permission for development activities, etc. (hereinafter “instant service contract”) and paid the Defendant a total of KRW 88 million out of the service price as the down payment and the first intermediate payment.

Article 2 (Rights and Duties) The defendant shall provide the plaintiff with the above design services on a timely basis, and the plaintiff shall pay the result of the service in excess.

In addition, this contract is a condition for permission, and the defendant will return the service cost received to the plaintiff within one month after the decision of non-permission is made.

Article 3 (Scope of Services) The defendant shall faithfully perform the following duties and related administrative affairs, data research, and all other duties necessary for the preparation of books:

1. Approval of factory construction;

2. Permission for development activities:

3. Permission for consultation on conversion of mountainous districts;

4. Forest surveys;

5. Survey of the surface of cultural heritage;

6. Disaster impact assessment.

7. Preparation of books for deliberation on urban planning;

8. Permission to connect occupation and use;

9. Affairs requested by the authority for permit such as the deliberation of landscapes, traffic impact assessment, environmental impact assessment, etc.; 10. Cooperation in the affairs related to buffer greenbelts and the second underground floor and the second underground floor in the principal entrance and exit;

1. The service period under this Agreement shall be six months from the date of conclusion of the contract.

However, the authorization and permission is granted for reasons not attributable to the defendant during the service period.

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