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(영문) 수원지방법원 2017.09.21 2016가합73692
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 7, 2013, the Plaintiff entered into a technical service contract with the Defendant, which stipulates the service cost of KRW 44,000,000 (including value-added tax) in order to obtain permission for development activities on the land (hereinafter “instant land”). On January 29, 2014, the Plaintiff obtained permission for development activities for building a site for automobile-related facilities (parking lot).

B. However, on February 4, 2014, the Defendant was notified on the following grounds: (a) the project to create the said site is subject to the imposition of development charges under the Restitution of Development Gains Act; and (b) the Defendant was notified to the effect that the calculation statement of development costs for the said project should be submitted within 40 days

C. On February 17, 2015, the Defendant exempted the imposition of the above development charges on the instant land, and entered into a technical service contract with the Plaintiff on February 17, 2015, to obtain permission for development activities (the extension of site for a golf course) on the instant land and the instant three additional lots (hereinafter “the instant three lots”) (hereinafter “instant service contract”). The main contents of the instant service contract, including the content of the instant service contract, are as follows.

[Technical Service Contract Terms] Article 2 (Contract Terms) (1) The contract term of this contract is from February 17, 2015 to June 30, 2015.

Article 3 (Contents of Services) (1) The contents of services to be rendered by “B (Plaintiff, hereinafter the same shall apply)” (hereinafter referred to as “this services”) under this Agreement shall be as follows:

1. He/she shall prepare a report that is not included in the subject of imposition of development charges on the creation of a parking lot site, and submit it to the mayor;

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