beta
(영문) 서울북부지방법원 2019.01.29 2018가단122547

약정금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On February 10, 2015, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a contract with the Plaintiff to pay KRW 125,00,000 (the first 10,000,000, second 115,000,000) to the buyer of the said gas station (hereinafter “instant contract”) as remuneration, by providing advice within the scope of consultation on the management, sale, and purchase of petroleum of the gas station located in Ansan-si D and E (hereinafter “instant site”).

B. On February 10, 2015, Defendant Company concluded a sales contract with G to sell the instant site.

C. The Defendant Company paid KRW 10,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff asserted and determined that Defendant C, the representative director of the Defendant Company, would be individually responsible for consulting, and the Plaintiff entered into the instant contract with the Defendant Company. Since the Plaintiff performed consulting services under the instant contract, the Defendants were jointly and severally liable for payment of KRW 115,00,000 in the balance of the remuneration under the instant contract. However, the evidence submitted by the Plaintiff alone exceeds KRW 10,000,000 that the Plaintiff received.

It is not sufficient to recognize that the above claim for remuneration has been made, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.