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(영문) 대구지방법원 2018.11.29 2016가합205506

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff Company as a party is a corporation for the purpose of sales agency business, new construction and sales business of buildings, etc., and its representative director was originally Plaintiff C, and was changed to Plaintiff C’s son on October 15, 2016, and the Defendant is a corporation established for the purpose of building construction business.

B. 1) As to the Plaintiff Company’s claim, the Plaintiff Company entered into a consulting agreement with F on July 2, 2015 with the following content (hereinafter “instant consulting agreement”).

The project was concluded. Article 1 (Business Outline) The project is the commercial site located in Daegu-gu G upon consultation with the Plaintiff Company (hereinafter referred to as “G land”).

In addition, for the smooth progress of the subsequent project, the Plaintiff Company purchased a new building, and the subsequent business is the business that is entrusted to the Plaintiff Company with all of the tasks until the preparation, progress, and completion of the construction. Article 2 (Agreement) ① The F shall pay the Plaintiff Company the total project cost of KRW 930 million,000,000,000. ② The Plaintiff Company shall execute this contract with the Plaintiff Company without compensation the interior interior interior interior interior interior of the building that is directly used by F: Provided, That if the interior cost exceeds KRW 20,000,000,000, the Plaintiff Company may demand the F to pay the additional amount. ① The F shall deposit KRW 100,000 as the ordinary business account of the Plaintiff Company immediately upon the formation of this contract (Account number I: Plaintiff C). ② The intermediate payment of KRW 150,000,000 shall be paid by the representative director up to August 15, 2015, and the F shall be paid by the Defendant’s remainder of the project cost of the E.

E: The E. A.L. A. A.T.T. amount;

(e) K: Examples. E: the price at which the match is low;