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(영문) 서울서부지방법원 2015.02.12 2014가합3092
계약금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation for the purpose of construction, civil engineering, plant development, etc., and is a corporation with the aim of designing, constructing, and supervising engineering activities in the technical sector under the Engineering Technology Promotion Act.

B. On November 2013, the Plaintiff reviewed the modification of the development plan to raise the floor area ratio to 205% for the profitability of the project and ease of sale in the situation where approval was obtained for the first development plan to change the floor area ratio from 188% to 197%, and the number of floors from 18 to 23 floors, and sought a negative response that it is difficult to accept the application for minor alteration immediately after the notice of the first modification was given.

C. Accordingly, on November 15, 2013, the Plaintiff entered into the following service contracts with the Defendant, and paid KRW 105,000,000 to the Defendant on November 29, 2013.

A service contract: The contract period of 150,000,000 won for a service contract to amend the development plan for the East Chuncheon District Urban Development Project and for the amendment of the implementation plan: From October 28, 2013 to the completion of the project approval: The payment period: Within seven days after concluding a contract for the down payment of 150,000,000 won to the date of completion of the project approval: The scope of the services to be paid at the time of completion of the project approval of KRW 45,00,000: The amendment of the development plan, the amendment of the implementation plan, and the proposal of data on the amendment of the district unit plan: The plaintiff shall cooperate at the request of the defendant for data or information on the part related to the service.

On the other hand, on February 13, 2014 according to the above contract, the Defendant sent to the Defendant service performance data, such as the development plan (amended) and implementation plan (amended) for the 2nd Chuncheon District Urban Development Project (amended), which reflects the amendment of the development plan, implementation plan, and district unit plan (amended), and received notification from the Plaintiff on February 19, 2014.

[Judgment of the court below]

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