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(영문) 서울동부지방법원 2020.10.22 2019가합106970

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 250,000,000 won and the period from January 16, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On October 11, 2016, the Plaintiff loaned KRW 250,000,000 to Defendant B on October 31, 2017, setting the repayment date as the annual interest rate of KRW 6% (hereinafter “instant loan agreement”), and Defendant C Co., Ltd jointly and severally guaranteed Defendant B’s obligation under the instant loan agreement.

Since then, the Plaintiff and the Defendants postponed the repayment date of the instant loan agreement on October 31, 2018.

B. Meanwhile, on July 23, 2013, Defendant B entered into a real estate consulting service contract with the Plaintiff, and the main contents are as follows.

(hereinafter “instant service contract”). Since then, the Plaintiff and Defendant B extended the service period under the instant service contract several times, and the service period finally changed from July 23, 2013 to December 31, 2018.

The indication of real estate subject to service: The same shall apply to the indication of the real estate subject to attached service.

1. The scope of service of the defendant B shall be as follows:

1) Conduct of public relations and consulting services for use analysis, public notice right analysis, price analysis, search for purchasers and sale of real estate owned by the Plaintiff; 2) bearing of all the expenses incurred in performing the above services

2. Service period: From July 23, 2013 to December 31, 2014, the Plaintiff paid 7% of the purchase price to Defendant B at the time of the conclusion of the above real estate sales contract.

6. The time of payment of consulting service fees shall be the balance settlement date of the purchase price; and

7. The Plaintiff’s responsibilities and obligations within the term of the service contract are:

1) In a case where the Plaintiff entered into a sales contract with a customer introduced by Defendant B and the Plaintiff, or where a broker other than Defendant B directly engaged in a sales contract, the agreed service charges should be paid. (ii) In a case where the Plaintiff entered into a sales contract with a buyer directly found without going through Defendant B, the Plaintiff and Defendant B must pay a certain service charges to the Defendant B.

3 The Plaintiff’s responsibilities and obligations prescribed in this Article shall be within the service period prescribed in the preceding two Articles.