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(영문) 대전지방법원 2016.06.09 2015가합102297
채무부존재확인
Text

1. On November 7, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 290,9560,000 to the Defendant (Counterclaim Plaintiff) and against this, from November 7, 2015 to June 9, 2016.

Reasons

1. On the premise, the principal lawsuit and counterclaim shall also be deemed to exist.

A. The Plaintiff is a joint implementer of an urban development project with regard to an urban development zone A with regard to the Daejeon Sung-gu Daejeon-gu Seoul Special Metropolitan City Won 46,623m2 (hereinafter “instant project”) as a company that mainly engages in housing construction business, etc. as its main business.

B. On January 28, 2010, the Plaintiff entered into a technical service contract with the Defendant and the Defendant to receive technical services on the designation of the instant project district and the authorization of the implementation plan (hereinafter “instant contract”) under the name of the U.S. Industrial Development, which is the trade name prior to the alteration, with a total of KRW 6.2 million, the service price shall be KRW 12,400,000,000 at the time of the conclusion of the contract; the first progress payment shall be KRW 124,000,000 at the time of receipt of the proposal; the second progress payment shall be KRW 186,00,000 at the time of approval of the district designation; the third progress payment shall be KRW 124,00,000 at the time of receipt of the implementation plan; and the completion payment shall be KRW 62,00,000,00

C. According to the schedule of the instant project presented by the Defendant to the Plaintiff around July 2010, the Defendant prepared and received proposals for the designation of urban development zones and the formulation of development plans by August 1, 2010.

The Plaintiff and the Defendant drafted a new contract by reflecting only the Plaintiff’s trade name changed around August 201. The main contents of the instant plan presented by the Defendant to the Plaintiff on July 7, 201, which was around that time, are ① an application for designation of a district and development plan on November 201, ② an application for designation of an urban development zone implementer on February 201, ③ designation of an urban development zone implementer on March 201, ③ authorization of an implementation plan on May 201.

E. On November 18, 2014, the Plaintiff changed the instant contract to the effect that the contract amount of the instant contract with the Defendant is increased by KRW 40 million, but the said amount should be paid to the Defendant, including the completion money at the time of approval of the implementation plan.

F. Around March 2012, the Defendant submitted a proposal for an urban development project to the Seongbuk-gu Office, and the head of the Sungsung-gu Office shall designate the urban development zone and designate the urban development zone of the instant project as of March 2015.

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