1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Facts of recognition;

A. On December 18, 2015, the Plaintiff entered into a sales contract with B and the Plaintiff for the purchase of ten parcels, other than Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and 10 (hereinafter “instant land”).

B. On December 21, 2015, the Plaintiff’s business of developing factories and Class II neighborhood living facilities in the Plaintiff and the Defendant’s business around December 21, 2015 is the instant business.

In relation to this case, "the service contract of this case" is "the contract of this case that entrusts the defendant with the work of civil engineering design and authorization and permission".

A) Around January 25, 2016, the Plaintiff entered into the instant provision as follows. Around January 25, 2016, the Plaintiff paid KRW 50,000,000 to the Defendant side as service charges under the instant contract. The service contract amount: KRW 130,000,000 (value-added tax separate)

5. Methods of calculating and paying service charges: 30,000 won of down payment, intermediate payment of 30,000,000 won (time of receipt), the remainder of 70,000,000 won (time of permission).

7.3) The amount of remuneration for the design work already performed should be paid even if the design work has been fully or partially suspended due to inevitable reasons of Party A (Plaintiff).

C. The Plaintiff promoted the instant business in the name of Samcheon-gun and D, and the Defendant, after February 2016, prepared necessary documents, such as an application for approval for business plan, application for permission for development activities, building report, business plan, design drawings, etc., and received them from Jcheon-gun.

Jincheon-gun demanded to supplement the land of this case to secure access roads with a width of 6 meters.

Therefore, although the Plaintiff intended to purchase land from the owners of land around the access road or obtain approval for the use of land, the Plaintiff waivers the project implementation of the instant case and applied for a building permit to Jincheon-gun through the Defendant, if the consultation with the owners of the said land does not proceed smoothly.