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1. The Defendant’s KRW 632,50,000 among the Plaintiff and KRW 379,500,000 among the Plaintiff, shall be KRW 253,00,000 from October 20, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation that engages in real estate development business, consulting business, etc., and the Defendant purchased a 26,593 square meters of land for a factory owned by C Co., Ltd. from Dong-gu Incheon Metropolitan City (hereinafter “instant real estate”), and is an implementer who intends to develop a collective housing complex on the ground above the land.
B. On October 19, 2018, the Plaintiff entered into a service contract with the Defendant for the determination of an urban management plan (revision of specific use area and district unit plan) on the daily unit of the instant real estate (hereinafter “instant service contract”). The main contents of the service contract are as follows.
Article 2 (Purpose and Scope of Contract) The purpose of this contract is to provide technical services so that the project may be promoted smoothly by efficiently carrying out the affairs in the course of carrying out the services of decision-making (Modification of specific-use area, district unit plan) of the Real Estate Management Plan (Modification of Specific-use Area), which is the defendant's business objective,
Within the scope of division and business execution, the determination of the daily urban management plan (specific-use area, district unit plan) of the real estate in this case
1. Determination (change) of urban management planning (specific-use area and district unit planning);
2. Current status survey;
3. Basic design for civil engineering;
4. Traffic feasibility review, environmental review, landscape review, and prior examination of factors influencing disasters;
5. The period of this service under Article 3 (Period of Service) of the Review on Impact of Preservation of Cultural Properties shall be from the commencement date to the public notice of amendment to the rearrangement plan, and may be adjusted according to the following subparagraphs:
1. Where it is necessary to extend the service period due to a delay in consultation with the local government, etc. due to the circumstances of the defendant;
2. In other cases where the defendant and the plaintiff decided that the extension of the service period is necessary through consultation, the defendant shall pay advance payment at the time of commencement of the service in return for the service, and the amount excluding advance payment shall be paid in cash within 10 days after the plaintiff's claim is made in accordance with the following payment terms:
(b) classification;