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(영문) 서울중앙지방법원 2017.11.28 2016가단5207785

용역대금 등 청구의 소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

(b)informate consulting agreements on the composition and contract of MD;

The main contents thereof are as follows:

* Period: 10 months from the date of the conclusion of the service contract, and automatic extension without a separate declaration of intent after the expiration of the contract period.* Consulting service cost and payment: consulting service cost, in principle, shall be paid only when the lease has been avoided and the lease has been occupied.

The consulting service cost shall be paid in advance at the rate of 3% (excluding value-added tax) of the parcelling-out price, 50 million won in advance, and deducted from the service cost.* The contract for purposes similar to those of the defendant company shall not be concluded during the contract period, and the right to monopoly of the contract shall be granted only through the defendant company.

B. On May 19, 2015, the Defendant Company entered into a consulting agreement on the exclusive lease of a building E (hereinafter “instant service agreement”) with Nonparty F Co., Ltd. (hereinafter “Nonindicted F”) (hereinafter “Nonindicted F”).

The main contents thereof are as follows:

*The authority for planning, attraction, and lease-related matters within the object (E) shall be delegated exclusively to F.

* Planning and consulting in the sphere of business ① review of development projects, a consortiumb establishment, a setting of MD direction, a performance of MD plan (including brand welfare), a submission to the customer company after the preparation of the report, and the completion of the work when approved by the customer company.

(2) Lease agency services: Performance of all the matters concerning the conclusion of brand rental contracts. The time of completion of duties shall be the time when all the lease is completed without factory rooms in all the objects.

* Service Period: from the date of this contract to the date of completion of each of the above services.

* The final decision on the recommended tenant is made by the customer company.

* Payment of service costs ① Payment of 18 million won in consultation planning and prior marketing services costs, and full deduction from subsequent rental agency fees.

(2) Lease agency service costs: Lease in the form of a monthly fixed rent.