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(영문) 부산지방법원 2020.05.21 2018가단335946

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant entered into the instant service contract 1) The land and building in Kimhae-si C (hereinafter “instant real estate”).

(2) On May 25, 2012, the Defendant entered into a real estate consulting service contract with the Plaintiff, who was engaged in real estate development business, etc. on May 25, 2012, with the content that the Defendant would act on behalf of the Plaintiff in the course of entering into a trade negotiation with the business operator of the new apartment construction project of the regional housing association of the Dongwon-si, Kimhae-si.

(hereinafter referred to as the “instant service contract”). [Article 1 (Purpose of the instant contract)] The purpose of this contract is to protect the Defendant’s new rights holding the said object (the instant real estate) and to maximize the sale price of the object to sell it to others.

[Article 2 (Execution of Services, etc.]

1. The plaintiff shall perform his duties in good faith and sincerity.

3. The service period is valid for three years from the date of this contract, and the service period can be extended if requested by the defendant, and the defendant recognizes the service monopoly right to the plaintiff during the service period.

[Article 3 (Service Fees)] When the defendant's efforts achieves the purpose of service, the defendant shall pay the service fees to the plaintiff as follows.

- In the case of sale and purchase of land in excess of 261,360,000 won for the original transaction agreement amount: 30% payment of the amount in excess of the original transaction agreement amount;

(b) Method of payment: Payment in lump sum; and

C. Time of payment: 100% of the total purchase and sale payment after the conclusion of the land purchase and sale contract shall be 10% of the total payment as set out above, if the contract fails to complete this service by the agreed period, this contract shall be automatically terminated, and the plaintiff shall not claim service charges to the defendant according to the degree of service progress.

B. On March 2, 2012, prior to the conclusion of the instant service contract, the Defendant entered into a sales contract, etc. on the instant real estate.