1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for this court’s explanation is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. The Plaintiff asserted that the parties agreed with the Defendant to provide services for the receipt of the implementation plan document by concluding the instant service contract with the Defendant, and accordingly, the Plaintiff obtained approval from the Defendant by providing all services for the receipt of the application for approval of the implementation plan. As such, the Plaintiff performed and completed all the services specified in the instant service contract.

However, the defendant requested the plaintiff to re-prepare the implementation plan document on the ground that the construction design was modified and refused to pay the intermediate payment. However, unless the defendant does not pay additional expenses, the plaintiff is not obligated to comply with the request, and as long as the plaintiff completed the preparation of the plan document, the defendant is obligated to pay to the plaintiff an intermediate payment of KRW 440 million and damages for delay.

According to the instant service contract, the Defendant may request the Plaintiff to revise the implementation plan prior to the receipt of the implementation plan document, and at the time, the Plaintiff could not receive the implementation plan document prepared by the Plaintiff due to the modification of the design of the Incheon Construction Engineering. Therefore, the Plaintiff shall, at the request of the Defendant, provide services, such as modifying the implementation plan document based on the modified design.

However, the Plaintiff did not perform services, such as revising the implementation plan document based on the modified architectural design, and the “receiving the implementation plan document” under the instant service contract to pay the intermediate payment is considered as “requirements for the payment of intermediate payments.” Since the implementation plan document was not received, the Defendant is obligated to pay the intermediate payment to the Plaintiff.