logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.08.14 2017가단523394
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 17, 2015, the Defendant entered into a contract with the Plaintiff to provide services necessary for the Plaintiff to obtain a license for the development project of the tourist farm (hereinafter “application for approval of the instant project”) on three and one parcel of land outside Sejong City to KRW 100 million for service cost (hereinafter “instant service contract”).

B. The service duty that the Defendant agreed to provide to the Plaintiff in the instant service contract is a survey of the present situation, preparation of design drawings, preparation of design plans, preparation of business approval documents, preparation of business plans, etc.

C. In the instant service contract, the time to pay the service cost was to pay KRW 30 million at the time of service commencement (30% of the service cost), KRW 40 million at the time of receipt of the application for authorization for authorization, and KRW 30 million at the time of approval (30% of the service cost).

On September 21, 2015, the Defendant paid the Plaintiff KRW 30,000,000 out of the service payment.

E. On September 22, 2015, the Plaintiff commenced the implementation of the instant service contract, such as entering into a contract to receive small-scale environmental impact assessment necessary for the application for the approval of the instant project and services for prior examination of factors influencing disasters, etc.

F. On February 29, 2016, the Plaintiff received an application for approval of the tourist farm business plan to the Sejong Special Self-Governing City Office, along with a small environmental impact assessment, prior examination of factors influencing disasters, a business plan, etc. on behalf of the Defendant.

G. On April 4, 2016, the Sejong Special Self-Governing City Mayor rendered non-permission (hereinafter “instant non-permission disposition”) with respect to the Plaintiff’s application for the approval of the project, and the grounds for non-permission are as follows.

(1) A business plan, such as operation and management plan for the operation of the tourist farm business, is insufficient to secure public parking lots taking into account visitors, etc. due to lack of qualifications for application for farmers under relevant Acts.

arrow