Litigation costs shall be borne by the plaintiff.

A. On July 5, 2017, the Plaintiff filed a claim for service costs with C Co., Ltd. (hereinafter “C”) that is the Defendant’s agency business, as the contractor, in relation to the apartment housing business (hereinafter “instant business”).

A brand name: E) entered into a contract to be paid KRW 500 million on the face of the week by ensuring that “E” is selected.

Since the Plaintiff was selected as a contractor under the above contract, the Defendant, who is a comprehensive successor to the business performed by C, is obligated to pay to the Plaintiff the remainder of the service cost of KRW 450 million and the delayed damages.

B. On November 15, 2018, the Defendant: (a) awarded a contract for KRW 300 million to F Company F (hereinafter “F”) related to the instant business to the sales promotion center for the instant business; (b) subsequently, the Defendant unilaterally terminated the contract.

F has produced apartment model by bringing up KRW 38 million according to the above contract, and F transferred the above claim for construction cost to the Plaintiff and notified the Defendant, and the Defendant is obliged to pay the above construction cost and the delayed damages to the Plaintiff.

2. Determination

A. According to the reasoning of the judgment on the claim for service costs, the Plaintiff entered into a contract amount of KRW 500 million with C on July 5, 2017, “A” under the contract for private construction works. The fact that the contract is entered into between the Plaintiff and C on July 5, 2017 is recognized in the part of the contract title for construction works.

Meanwhile, the Plaintiff succeeded to C’s business by universal title.

Appellants, based on Article 34(3) of the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) and Supreme Court precedents (Supreme Court Decision 2006Du12289 Decided January 25, 2007), etc.

However, the provisions of the Act and the precedents of the Supreme Court are that the rights and obligations relating to the duties performed by the promotion committee as the principal agent.