1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Facts of recognition

The plaintiff is a corporation that operates businesses related to environment, traffic, disaster, and population impact assessment, and the defendant corporation is a corporation that operates and manages golf courses, etc. and appointed C and D as joint managers by the court on February 17, 2015 after obtaining the rehabilitation plan approval.

On July 1, 2014, the Plaintiff entered into a technical service agreement (hereinafter “instant agreement”) with the Defendant Company and F development project (hereinafter “instant development project”) on the performance of the follow-up environmental impact survey services in KRW 20,000,000 per quarter for three years from July 1, 2014 to June 30, 2017 ( quarterly payment) and annual KRW 80,000,000 per annum (excluding value-added tax).

As a special agreement under Article 13 of the instant contract, the Plaintiff and the Defendant agreed that “this contract shall be effective at the time of changing the contents of the post environmental impact survey service from the construction to the time of operation: Provided, That for consultation with the approval authority and the consulting authority due to the change, etc. of the project, matters concerning the preparation of a plan for environmental correction (a change in the contents of consultation) and the survey of the environment other

On July 1, 2015, the Plaintiff entered into a technical service contract (hereinafter “instant re-contract”) with the Defendant Company for the performance of the follow-up environmental impact survey service of the instant development project from July 1, 2015 to June 30, 2018 (including value-added tax, quarterly payment) and annual 88,000,000 each quarter for three years from July 1, 2015.

Article 36 (1) of the Environmental Impact Assessment Act provides that "the business operator shall investigate the impact of the project on the surrounding environment after the commencement of the relevant project (hereinafter referred to as "ex post facto environmental impact investigation") and notify the results to the Minister of Environment, etc."

In addition, according to Article 19 (1) [Attachment 1] of the Enforcement Rule of the Environmental Impact Assessment Act, a sports facility installation project such as a golf course shall be conducted.