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(영문) 서울중앙지방법원 2015.07.09 2014가단262424
선급금반환
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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. The purpose of the Plaintiff is to establish and manage schools at various levels, such as the name school university, master school, junior college, etc., and the Defendant is a company with real estate consulting business, etc. as its business objective.

B. On May 30, 2014, the Plaintiff entered into a service contract for the establishment of a utilization plan with a joint supply and demand organization consisting of Defendant and two companies (hereinafter “instant contract”). The main contents of the contract are as follows.

Contract name: Contract price for the service of establishing a plan for the utilization of the land in the name, junior college, North Korean Industrial Complex: the service period of KRW 150 million: (A) from June 2, 2014 to September 1, 2014; (2) the contractor: the defendant (73.33%) the joint contractor of the name, junior college (B) the defendant (73.3%) the joint contractor; (20%) the general architect office (20%) the general architect office (20%) the Bank of Korea (6.7%) the term of service performance under Article 3 (Service Period) the terms of the service contract shall be determined by the period of the contract

However, where data to be reflected in the service is delayed due to the circumstances of "A" and the period required to determine "A" shall not be calculated within the service period.

Article 6 (Examination)

1. The formulation of a plan for utilization of sites for pre-registered families, junior colleges, and North Korea shall coincide with an estimate;

Article 8 (Payment of Price) (Payment) Article 8 (Payment of Price)

1. Contract deposit (40%): Payment not exceeding 14 days after completion of the contract;

2. Part payments (20%): Payment not exceeding 14 days after the completion of interim reports and approval of “A”;

3. Balance (40%): Payment not exceeding 14 days after the completion of the service and the approval of the “A” (Cancellation, etc. of the Contract for “A”)

1. A “A” may cancel or terminate all or part of the contract in any of the following cases:

Where “B” fails to proceed with the agreed service;

2. “B” in the event of cancellation or termination of a contract on the grounds set forth in each subparagraph of paragraph (1).

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