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1. The Defendants shall pay to each of the Plaintiff KRW 81,847,620 and KRW 72,407,942 from December 7, 2016.
Reasons
1. Facts of recognition;
A. On March 201, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a service agreement with Nonparty C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content that it will receive KRW 560,00,000 for services for authorization, permission, such as a gathering of the land located in Gwangju City, a plan for the establishment of lawful facilities, and a plan for the transfer of the land plan. The contract amounting to KRW 140,000,00 for a contract and an intermediate payment of KRW 230,000,000 for a contract and an intermediate payment of KRW 190,000,000,000 prior to the completion of environmental impact assessment, the remainder, 190,000,000 for a down payment from Nonparty C’s clan. The main content of the instant service agreement is as follows.
1. One business name: The business name of Gwangju Metropolitan City D Saturdays, a plan for the establishment of legitimate facilities and a plan for access roads;
2. 1) Contents of the contract; 2) Preparation and submission of a plan for lawful facilities of the site subject to the permission after the permission of the soil creation site is granted; 5) Civil engineering design work; 6) expansion of access roads to at least 8M connected to the project site from E, all of which are seven clans, to the project site; and active promotion of linking the access roads to at least 8m and its own access roads, which are connected to the project site, from E, all of which are seven clans;
B. On April 4, 2011, Defendant Company entered into a performance guarantee insurance contract with the Plaintiff regarding the advance payment to be returned to Nonparty 1, the insured clan, because Defendant Company failed to perform its obligation under the instant service contract by setting the insurance amount of KRW 140,000,000, and the insurance period from April 4, 2011 to March 30, 2012.
C. Thereafter, on February 28, 2012, the non-party clan entered into a special agreement with the Defendant Company with the following terms:
2. Additional contents of the contract 1) Designation of district unit (at least 50-80% of the project site) and legitimate facility installation plan and access road (at least 8M).