beta
(영문) 의정부지방법원 2018.12.06 2017가단127944

기타(금전)

Text

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

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

Reasons

1. The Defendants and D shall sign and seal the consulting agreement with the Plaintiff on the development of the Defendants’ land as follows.

Article 1 (General Provisions) The plaintiff connects the defendants and D to each other until the basic agreement on the joint project is completed, and the joint project contract providing the basic principles and rights between the parties with respect to the joint project and the execution method of the development project shall be completed.

Article 2 (Price for Providing Consulting Services) Defendants and D shall pay the Plaintiff 1% of the total income in return for consulting.

The payment period shall be the date when the Defendants and D enter into a prop joint development project contract, and the Defendants and D shall be paid first at the time when the funds are first raised.

Article 3 (Contractor Relation) The Defendants are land owners and building owners, and D is the general executor of development projects, and the Plaintiff is the relationship between the Defendants and D to interfere with the construction of the executor at the request of the Defendants so that the prop joint development project contract between the Defendants and D may be concluded and to comply with the contract such as the overall concept and procedure of the project.

Until a contract is concluded, it serves as a mediator in a neutral position for all matters.

Article 4 (Commencement and Termination of Consultation) The commencement of the service shall be the first consultation date with the prop, and the termination shall be the contract date for the prop joint development project.

However, for the continuity of business, the Defendants and D's request will serve as the mediator until the completion of the business.

Provided, That the price, etc. for it shall be separately determined.

Article 5(Duties, etc.) The Defendants and D under this Agreement shall perform their obligations until they pay the consulting fees to the Plaintiff, and the Plaintiff shall perform their obligations until the termination of the service contract under Article 4.

On November 3, 2016, the Plaintiff, the Defendants, and D concluded the “instant consulting agreement” with the following terms and conditions (hereinafter “instant consulting agreement”).

[Ground of recognition] There is no dispute.