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(영문) 의정부지방법원 2014.12.18 2014가합4672
용역비 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a business operator who provides survey and design services, etc. with the trade name C.

On April 2, 2012, the Plaintiff entered into a service agreement with D (hereinafter “D”) on April 2, 2012 to complete the design of conversion, deliberation on urban planning, and environmental review of conversion of a mountainous district, among D Senior Welfare Facility Construction Corporation (hereinafter “instant construction”) located outside E and three parcels in Namyang-si (hereinafter “D”).

(hereinafter referred to as “the first service contract of this case.” On the same day, the Plaintiff concluded a service contract with the Plaintiff to complete the design of conversion of mountainous district, deliberation on urban planning, and environmental review of the instant project located in D and F, and one parcel of land at KRW 53 million.

(2) On July 16, 2012, the Plaintiff sent a document to the effect that “Although the Plaintiff intended to apply for the permission under each of the instant service contracts, it is difficult to continue the permission due to the Defendant’s non- cooperation, the owner of the said G G, and it is difficult to voluntarily withdraw the application for the permission due to the imposition of various conditions at the time of the return of the permission, as it is difficult to renew the permission.”

After that, on September 3, 2012, the Plaintiff sent a written withdrawal of permission to the Defendant on July 25, 2012, on the ground that “the Plaintiff actually performed design services under each of the instant service contracts, but the Defendant refused to deliver documents necessary for the permission to convert a mountainous district and failed to proceed any longer.” On July 16, 2012, the Plaintiff requested the payment of service charges under each of the instant design services in D, but did not pay the said service charges. Therefore, the Defendant, a joint development entrepreneur of D, requested the payment of the said service charges by September 12, 2012.”

D On September 3, 2012, the Plaintiff entered into a contract to transfer the claim equivalent to KRW 121 million equivalent to the costs of civil engineering and design among the damage claims against the Defendant, a joint proprietor of D, to the Plaintiff on September 3, 2012, and on October 14, 2014, the said claim is transferred to the Defendant.

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