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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 136,00,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from February 1, 2013 to February 10, 2014.
Reasons
1. Basic facts
A. On February 7, 2012, the Plaintiff entered into a technical service contract (hereinafter “instant service contract”) with the Defendant Company as KRW 280,000,000 for the service cost to obtain permission for the development of warehouse sites (hereinafter “instant service contract”) on the land outside four lots (hereinafter “instant land”). However, upon entering into a contract, KRW 56,00,000 for the intermediate payment, KRW 84,000 for the intermediate payment, KRW 140,000 for the remainder payment, KRW 140,000 after receiving an application for permission for development activities, and KRW 28,000,000 for the development permission within ten days after receiving the written permission for development activities.
B. According to the instant service contract, where the Plaintiff acquires permission to engage in development activities for at least 85% in a planned control area, 50,000,000 won performance money shall be additionally paid, and where the available area of land in a planned control area is at least 80%, 20,000,000 won performance money shall be additionally paid.
C. The Plaintiff’s January 25, 2013, and the same year
3. On May 15, 18 of the same month, each development permit to use the instant land as warehouse sites was obtained, and the Defendant Company paid the Plaintiff KRW 136,00,000 as the service price in this case.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 5, 9, 10
(2) Each entry and the purport of the whole pleading
2. Determination as to the principal lawsuit
A. (1) The Plaintiff’s assertion (1) as the Plaintiff’s assertion completed all of the services under the instant service contract, the Defendant Company is obligated to pay the amount of KRW 172,00,000,000, in total, and the amount of KRW 50,000,000, as well as the amount of KRW 2222,00,000,000, as well as damages for delay.
(2) The purpose of the instant service contract asserted by the Defendant Company was to develop and sell the instant land upon obtaining permission for development activities, and the Plaintiff was well aware of such circumstances. However, the Plaintiff was to obtain permission for development activities on the instant land.