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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 201, 2013, the Plaintiff’s summary of the Plaintiff’s assertion was delegated to KRW 60,000,000 for the authorization and permission work on the construction of factory sites in Yong-si B and ten parcels (hereinafter “instant land”) from the Defendant, and completed the delegated work by obtaining all authorization and permission necessary for the construction of factory from Yong-si on January 3, 2014.
On the other hand, around June 2014, the Plaintiff spent 16,500,000 won by inserting construction machinery as part of civil engineering works for the creation of factory sites on the instant land, and paying personnel expenses for the head of the site and employees.
Therefore, the defendant should pay to the plaintiff a total of KRW 60,000,000 for the agreed amount under the delegation contract for the authorization and permission business, and KRW 16,50,000 for the construction cost, and delay damages.
2. Determination
A. It is insufficient to recognize the fact that the Defendant delegated the business of authorization and permission to construct a factory to the Plaintiff on the instant land with the sole basis of the statement in Gap evidence Nos. 1, 5, 7, and 8 as to the claim for agreed amount, and the Defendant agreed to pay KRW 60,000,000 to the Plaintiff. The Plaintiff’s claim for agreed amount is without merit, since there is no evidence
(1) The Plaintiff agreed to pay KRW 60,000,000 to a third party for a contract for civil works or construction works on the instant land under the delegation agreement. The Plaintiff asserts to the effect that the Defendant shall pay KRW 60,00,000 as a penalty as a result of the contract for the new construction of a factory to a third party. However, it is insufficient to recognize that the entries in the evidence Nos. 1 and 6 alone are insufficient to acknowledge that the original Defendant agreed to pay a penalty as alleged above, and there is no other evidence to acknowledge it, and the said assertion also is without merit).
The reasoning of the evidence Nos. 2, 3, 4, and 6 regarding the claim for construction cost is to recognize the fact that the Plaintiff completed the work period equivalent to KRW 16,50,000 upon being awarded a contract by the Defendant for the civil construction work for the construction of a factory on the instant land.