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(영문) 대구지방법원 2020.03.20 2018가단140040
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 22, 2013, Defendant B and C (hereinafter “Defendant Company”) obtained permission to convert a mountainous district for the establishment of a factory from Yongcheon-si with respect to land outside Yongcheon-si and ten parcels of land (hereinafter “instant project site”).

B. Since then, the Defendant Company was licensed to generate electricity by Youngcheon-si on September 25, 2017 to operate the solar power generation business in the above business site (hereinafter “instant electric power generation business”).

C. In order for the Defendant Company to obtain permission to engage in the development activities for the above electricity generation business in the instant project site, the Defendant Company should first obtain the approval for the establishment of a factory and the revocation of the approval for the construction of subsidiary facilities and the construction of subsidiary facilities related to the existing project site from Youngcheon City (hereinafter “the instant restoration permission work”). ② In order to facilitate the permission for development activities, there was a need to lower the ecological and self-level rating for the said project site.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, each entry, the Youngcheon Market of this Court, the fact inquiry results on the National Institute of Ecology, the purport of the whole pleadings

2. The parties' assertion

A. On July 2017, 2017, the Plaintiff asserted the cause of the Plaintiff’s claim: ① Defendant D’s permission to restore the instant land to its original state; ② was required to estimate the conversion of a mountainous district, design, current status survey, and licensing services following development activities for the instant electric generation business.

Defendant D, around August 2017, entrusted the Plaintiff with the instant restoration permission and civil engineering design and authorization services for solar power plants.

Since then, on December 12, 2017, the Plaintiff and Defendant D agreed to obtain permission for development activities by dividing them into 1 and 2 lanes. On February 22, 2018, the Plaintiff and the Defendants agreed to obtain permission for development activities for the instant electric generation business, permission for conversion of mountainous district, 2 permission for restoration to the original state, 3 previously designated class 1 and 2.

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