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1. The Defendant’s KRW 66,120,00 for the Plaintiff and KRW 5% per annum from June 28, 2016 to November 28, 2017.
Reasons
1. Facts of recognition;
A. On September 2004, the Defendant entered into a service contract (hereinafter “instant contract”) with the Plaintiff to delegate the instant business plan and the instant hotel design to the Plaintiff (hereinafter “instant contract”) with respect to the following matters for the business (hereinafter “instant business”) that constructs D hotel (hereinafter “instant hotel”) on the ground of the land owned by the Defendant in Sungsung City C (hereinafter “instant site”).
The name of a building: The name of a building: the site location for the new construction of a new hotel (this case’s hotel): New construction of a site area: 1,816§³ - Lodging accommodation facilities - Family hotel structure - Family hotel structure: 1 floor below ground and 10 stories above ground - Building area: Total floor area of approximately 6,760.22 square meters (including value-added tax 2,04.97 square meters): the contract area of approximately 6,760.22 square meters: 286,440,00 (including value-added tax): 16,50,000 won (value 15,00,000,000 won, 1,500,000 won - Tourist accommodation facilities - Family hotel structure: The design service cost of reinforced concrete building - 10,46.48 square meters above ground - total floor area: the contract area of approximately 6,760.9 square meters (including value-added tax), the construction permit of 2690,000,4000,400
B. The Plaintiff approved the instant business plan and performed the business of designing the hotel in accordance with the instant contract.
Since then, the Defendant obtained the approval of the instant business plan from the Si, on September 26, 2014, pursuant to Article 15 of the Tourism Promotion Act, and Article 23 of the former Enforcement Rule of the Tourism Promotion Act (amended by Ordinance of the Ministry of Culture, Sports and Tourism No. 207, Apr. 22, 2015), and obtained the approval of the instant business plan on January 12, 2015, and obtained the permission to construct the instant hotel on September 27, 2015.
C. On October 6, 2014, the Defendant paid KRW 12,000,000 out of the price under the instant contract to the Plaintiff, but the remainder is paid.