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(영문) 서울북부지방법원 2015.11.26 2015가단6620

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 3, 2014, the Plaintiff entered into a real estate consulting agreement (referring to the Plaintiff as “A” and the Non-Party Company as “B”; hereinafter the “instant agreement”) with Libya Co., Ltd. (hereinafter “Non-Party Company”) with the main contents as follows, and paid KRW 1 million as the down payment to the Non-Party Company.

(i) Article 3 (Duty to Comply with B);

1. A and B shall perform their duties in good faith after concluding an agreement;

2.After the conclusion of this Agreement, B shall implement the bid by proxy, transfer of ownership, and order of possessor for the real estate determined to be sold by Party A upon request.

3. He shall report in detail the analysis of rights and the content of the field investigation to Gap with respect to the auction real estate he requested.

(ii) Article 4 (Fees for Consulting services);

2.A shall pay 1 million won of the down payment at the same time upon the commencement of the auction case by Eul, and the remainder shall be 2% of the appraisal value, including the down payment, at the date of the decision of permit for sale.

(iii) Article 7 (Method of Handling at the time of cancellation and termination of a contract);

1. A and B may terminate this contract in any of the following cases:

B. Where the property damage of A, directly or indirectly, regardless of intention or negligence, is inflicted upon B in connection with this business.

2. When cancelling a contract, it shall be handled in accordance with the following subparagraphs:

B) A cannot claim an amount, other than the down payment, paid pursuant to Article 4, where the contract was cancelled upon the cause attributable to B or upon the unilateral request. B. The Defendant, who was in charge of auction agent in the non-party company, on May 2014, is the Seoul Southern District Court C and D (combined) auction procedure (hereinafter “instant auction procedure”).

(ii) the real estate of this case is the real estate of Guro-gu Seoul Metropolitan Government E-101 square meters of reinforced concrete structure 59.24 square meters (hereinafter “the instant real estate”).

B introduced B as a tendering object.

C. On June 10, 2014, the Plaintiff is at the Auction Court of Seoul Southern District Court.

참조조문