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(영문) 대구지방법원 2019.08.29 2019가합283

용역수수료 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the period from May 24, 2019 to August 29, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of real estate development, implementation, consulting, etc., and Defendant B is a company established for the purpose of real estate sale, lease, etc., and Defendant C is the representative director of Defendant B.

B. On January 5, 2018, the Plaintiff and the Defendants entered into an agency contract with the purport that the Plaintiff shall perform duties, such as brokerage and assistance as a contractor, trust, and financial company, necessary for the construction project of a new neighborhood living facility in Daegu-gu D, Daegu-gu, which is implemented by Defendant B (hereinafter “instant contract”) and that the Defendants shall pay the Plaintiff KRW 200,000,000 for the service cost (hereinafter “instant contract”).

C. Pursuant to the above contract, the Plaintiff: (a) appointed Company E as a contractor; (b) concluded a contract with Defendant B as an agent for fund management; and (c) performed the work, such as filing an application for credit review in order to obtain EF loans from H by appraising real estate in business from Company G.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's Evidence Nos. 1, 3, 4, 7, 11 through 19, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the business site was sold to a third party by auction due to the Defendants’ negligence. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff a total of KRW 211,000,000 (the total of KRW 11,00,000,000,000 for appraisal and business plan change fees paid by the Plaintiff on behalf of the Defendants) and damages for delay.

3. Determination

A. Pursuant to the instant contract, the Plaintiff selected E as a contractor, and F as an agent for fund management, and entered into a contract with Defendant B with the company, and conducted appraisal and assessment of real estate in business from G.