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(영문) 광주지방법원 2015.06.26 2014가단505814
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff promoted the purchase of land for the purpose of the intermediate disposal business, etc. of medical wastes in the Chungcheongnam-gun B, Chungcheongnam-gun, and waived the Plaintiff’s project because it is difficult to purchase the land.

Technical service standard service name: Determination of an urban management plan and the authorized service area of an implementation plan for the construction of a new urban planning facility project and an implementation plan for urban planning facility project: 260,00,000 won: 25% at the time of contract, 25% at the time of application for an urban management plan, 25% at the time of approval of an implementation plan, 25% at the time of approval of an implementation plan, and 25% at the time of authorization of an implementation plan, Article 4 of the General Conditions for Contracts A (referring to the “Plaintiff” in this case) shall be subject to the determination of an urban management plan (medical waste disposal facilities) and the authorization of an implementation plan for urban planning facility project.

Article 16 (Termination of Contracts) (1) "A" may cancel or terminate all or part of this Agreement in the following cases, and in such cases, the minimum price shall be settled according to the ratio of the performance of the task in principle:

1. When it is deemed impossible to perform the task in subparagraph 1 of the same Article;

2. Where the “B” is deemed unable to continue to perform this contract, such as delaying the acquisition of authorization or permission;

3. Where this contract is terminated, terminated or suspended due to any cause or administrative procedural problems under Article 17 (Settlement of Accounts, etc.) or due to the breach of this contract, A shall, in principle, settle the service costs to B in accordance with the progress rate.

B. On May 4, 2012, the following service contracts between the Plaintiff and the Defendant (hereinafter “instant service contracts”) were concluded:

C. On May 4, 2012, the Plaintiff paid a total of KRW 60 million to the Defendant, including KRW 30 million on May 4, 2012, and KRW 30 million on May 15, 201.

On January 10, 2014, the Plaintiff did not purchase land to the Defendant and gave up its business.

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