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(영문) 수원지방법원성남지원 2020.02.04 2019가합405033

약정금

Text

1. The Defendant’s KRW 236,339,071 as well as 5% per annum from September 22, 2018 to February 4, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 11, 2015, the Defendant leased and used the 3 to 5th floor of the building in Seongbuk-gu, Sungnam-si (which is an underground 5 to 12 foot building; hereinafter “instant building”). On December 11, 2015, fire occurred on the 1st floor of the instant building, and fire caused a fire to the outer wall of the building, and the parts inside and outside walls of the 12th floor were removed from the 3 to 5th floor, and accordingly, the Defendant destroyed the property, such as the computer equipment and the house parts of the said 3 to 5th floor, which were used by the Defendant.

Article 1 (Delegation Business) (1) Confirmation of the occurrence of damages (2) Determination of whether the application of insurance clauses and relevant Acts and subordinate statutes is appropriate. (4) Vicarious execution of preparation and submission of documents related to the business affairs referred to in subparagraphs 1 through 3: The defendant shall pay 2,00,000 won, and shall include remuneration.

(Separate Taxation) Article 4 (Remuneration). (1) The remuneration for damage adjusting shall be 3% of the amount of damage adjusting.

(2) The above fees shall be paid upon the notification of the results of the adjustment or the submission of the statement of adjustment.

B. On December 14, 2015, the Defendant concluded a contract on the delegation of damage assessment duties with the Plaintiff for the assessment of the damage caused by the instant fire.

C. On August 10, 2016, the Plaintiff completed the Defendant’s investigation and damage assessment due to the instant fire, prepared a damage assessment statement, and delivered it to the Defendant, but the Defendant did not pay remuneration. The Plaintiff filed a lawsuit claiming the amount of remuneration under Seoul Central District Court Decision 2016Da5231429.

2. In return for the damage evaluation statement submitted, the defendant shall pay the plaintiff the following remuneration for damage evaluation (the additional remuneration).

① Basic remuneration: 118,923,000 won (in addition to surtax) ② Additional remuneration: The defendant filed a lawsuit claiming compensation for damages against the party who caused the instant fire (hereinafter referred to as “litigation”) and rendered a judgment of the court of first instance.