Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 26, 2012, the Plaintiff and the Defendant concluded a technical service contract (hereinafter “instant contract”) with the purport that the Plaintiff will provide prior feasibility review services to the Plaintiff at the request of the Defendant, and the Defendant will pay KRW 10 million to the Plaintiff the service cost of KRW 10 million (including additional tax). The main part of the contract is as follows.
1) The scope of the Plaintiff’s business performance (Article 2 of the contract) (Article 2 of the scope of the Plaintiff’s business performance (Article 2 of the contract): Special agreement (Article 6): 30% at the time of the contract, 70% at the time of delivery of performance products (Article 17(2)) at the time of delivery, the Plaintiff shall return to the Defendant 50% of the service cost if the approval of the industrial complex is known within three business days from the date of determination of 50% of the service cost, the Plaintiff shall return to the Defendant, if the approval of the industrial complex is known after the completion of the service.
B. According to the relevant statutes, such as the Act on Special Cases concerning the Simplification of Authorization Procedures for Industrial Complexes, where private enterprises, etc. request the designation of an industrial complex, an industrial complex plan including the name of the industrial complex, the location and size of the designated area, the types of business to be invited or restricted, the land use plan and infrastructure plan shall be established and applied for approval to the designating authority. The instant
C. On November 27, 2012, the Plaintiff delivered to the Defendant a report stating “the basic concept and feasibility review of industrial complex development projects” (hereinafter “review report”) as a performance product under the instant contract, and the Plaintiff submitted a review report.