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(영문) 수원지방법원 2016.09.29 2015가단137219
용역비
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 42,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount from March 30, 2016 to September 29, 2016.

Reasons

1. Basic facts

A. On September 16, 2014, the Plaintiff entered into the following service contracts with the Defendant (hereinafter “instant contract”) and received down payment KRW 42 million from the Defendant.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to provide for the services necessary to obtain permission to engage in the development activities for the power generation business license (Act No. 2014-1197-1198) to the Plaintiff by the Defendant to the service company, and to provide for the matters necessary for the supply and demand of the Plaintiff.

Article 2 (Scope of Services) The scope of services to be rendered by the Plaintiff shall be limited to the affairs of preparing books for permission for development activities and the affairs of submitting proposals for deliberation by the Urban Planning Committee, the affairs of hearing opinions of the Council, affairs related to basic surveys (small environmental impact assessment, prior examination of factors influencing disasters, consultation on the utilization of sea areas and preparation

Article 3 (Period of Service) The period during which the plaintiff shall complete the service performance shall be from the contract date to December 31, 190, which is the date of completion of permission for development activities.

Provided, That if it is inevitable to extend the service period due to the delay of deliberation by the Urban Planning Committee and hearing opinions of the Council, both doctors shall be consulted and coordinated

Article 4 (Payment of Service Charges)

1. The Defendant shall pay to the Plaintiff the service cost of KRW 140 million (excluding additional dues) as follows.

When 42 million won is permitted after deliberation by the Urban Planning Committee at the time of concluding a down payment contract, the defendant under Article 9 (Cancellation of Contract by the defendant) may rescind all or part of this contract in cases falling under any of the following subparagraphs:

1. In a case where the plaintiff fails to comply with or violates this contract without any justifiable reason, the plaintiff falls under any of the following subparagraphs, the contract may be rescinded. In this case, the service charge deposit that the defendant paid by the defendant shall be automatically reverted to the plaintiff, and the defendant shall not claim it:

1. This contract with the defendant's unilateral reason.

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