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(영문) 서울중앙지방법원 2013.12.06 2012가합102150
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Around October 2007, the Plaintiff suspended the project following the announcement of a plan to advance public institutions around March 2008 while formulating and promoting the project. The Ministry of Strategy and Finance established the policy that the Plaintiff is unable to participate in the project around July 2009, and made it possible for Jeju Special Self-Governing Province (hereinafter “ Jeju Self-Governing Province”), the Plaintiff, and the Defendant to implement the project after concluding a understanding of the methods and roles of the Plaintiff and the Defendant’s business participation.

The site of the C Tourist Complex Development Project (hereinafter referred to as the “instant project”) was planned to be a total of 2,397,741 square meters, including the area of 1,851,104 square meters in the area of D-Road located in Seopoposi, Seopo-si, and the said project was reflected in the first comprehensive plan of Jeju Self-Governing Province (ended in December 201).

On February 25, 2010, the Plaintiff, the Defendant, and Jeju Self-Governing Province entered into the Business Agreement on the Project for the Development of the C Tourist Complex (hereinafter “instant Business Agreement”), and the main contents are as follows:

Article 1(Purpose)The purpose of this Convention is to provide for matters necessary for the prompt and successful promotion of tourism complex development projects by sharing the business affairs among three agencies.

Article 2 (Matters of Agreement) The duties to be assigned to each three agency under this Convention shall be as follows:

1. Jeju Self-Governing Province shall provide administrative and financial support, such as prompt processing of various authorization and permissions, and designation of investment promotion zones;

2. The Plaintiff shall complete all services incidental to tourism complex development projects from 2010 to 2011 and transfer the relevant documents, etc. to the Defendant by making full use of skilled knowledge, such as tourism development, consulting, etc. possessed by the Plaintiff.

3. The defendant shall prepare the tourism complex development project, such as land purchase from 2010, and take over related documents from the plaintiff and implement the development project, such as infrastructure construction work.

Article 3 (Implementation of the Convention)

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