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(영문) 부산고등법원(창원) 2020.12.17 2019나13028
손해배상(기)
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The plaintiff's defendants.

Reasons

1. Basic facts

A. The Plaintiff is a joint project proprietor with four companies, including G Co., Ltd. (the representative F, hereinafter “G”), and is a company that promotes a project to create a general industrial complex E-general industrial complex (hereinafter “instant project”).

B. On October 23, 2013, the Plaintiff entered into a technical service agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the establishment of the instant project, and entered into a contract with the Plaintiff on October 22, 2014 on the change of the area, contract amount, and payment date of the land subject to the agreement.

The main contents of the finally modified technical services contract between the Plaintiff and the Defendant (hereinafter “instant technical services contract”) are as follows:

The title of services: The contract period of KRW 660,000 (excluding value-added tax): From the contract date to the approval of the general industrial complex plan: The purpose of this contract is to prescribe the matters necessary for Defendant B to ensure the successful performance of the investigation and design work for the task under Article 2 in relation to the site of the project to be developed by the Plaintiff in relation to the site of the project to be developed by the Plaintiff, in order to achieve the purpose of the contract.

Article 2 (Scope of Contents of Business) The content of business to be performed by Defendant B under this Agreement shall be that the following business operations are performed on the site of the business which the Plaintiff intends to develop:

(1) Topographical current conditions survey. (2) Approval for designation of a general industrial complex. (3) Review of traffic impact in the formulation of a district unit plan. (6) Environmental impact assessment (8) Surveys of the basic plan and shop design. (10) The geological survey of the ground surface of cultural heritage. (1) The defendant B shall prepare results, etc. and deliver them to the plaintiff upon completion of this service.

(a) Article 7.

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