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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 27, 2015, the Defendant: (a) provided a multi-household housing (3 units with the first 8 households and the second 8 households) to Gwangju-si; (b) concluded a service agreement with the Plaintiff that the Plaintiff will provide PM management services on October 27, 2015 through December 30, 2016; and (c) the Defendant would pay the Plaintiff KRW 5 million as down payment, KRW 20 million as at the completion of the first business, KRW 25 million as at the expiration of the service period, and KRW 25 million as at the expiration of the service period (hereinafter “instant service agreement”).
B. The MF duties stipulated in Article 2 of the service contract of this case are as follows.
(1) (1) and method presentation (2) of the development direction and method (Preparation of the project balance analysis table) (2) the prior investigation and consultation (2) with respect to the project-related fields. (4) the selection of a financial company (4) the selection of a design and an authorized service company and an order (5) the selection of a public service company) (6) the selection of a public service company and an order (7) the selection of a public service company at the time of the prior prevention and occurrence of disability factors, such as civil petitions. (8) the selection of a sales company (9) the selection of a sales company. (9) (9) the settlement and settlement of the settlement fund for all expenses to be paid by the "Plaintiff" and the "Defendant (10)" are deemed necessary for the execution of the project.
C. D Co., Ltd. (hereinafter “D”) one of the companies recommended by the Plaintiff to the Defendant, the company holding a construction license, entered into a contract with the Defendant on August 31, 2016 with the date scheduled for completion. D immediately entered into a separate construction service contract on the site of the instant service contract with E and E, which had been in the position of the Director of D site, and E actually performed the instant new construction work, and E used the money that the Defendant paid to the Defendant to the site subcontractor in the instant service contract for the new construction site of E by appropriating it to the other new construction site of E and suspending the construction work.
D is bound by the representative director around October 2016.