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(영문) 부산지방법원동부지원 2019.06.11 2018가단212667

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 13, 2017, the Defendant sent to the Plaintiff a public letter stating “A (hereinafter “instant public offering”)’s request for a market price appraisal for the promotion of the public offering,” and the said public letter is the purport of requesting the Plaintiff to present the market price or the appraisal result of the nearby workplace in which the Plaintiff calculated in order to present the market price at the A public offering.

B. On March 20, 2017, the Plaintiff sent to an appraisal corporation listed in the separate sheet (hereinafter “instant appraisal corporation”) a public letter requesting the appraisal of the relevant business land (hereinafter “instant appraisal”) and the preparation of a consulting report, stating that the cost would be paid by B of the relevant business site in the process of the instant public offering.

On April 6, 2017, the Plaintiff sent each of the appraisal results received from the instant appraisal corporation and the result of the revised appraisal of C and D business sites on May 10, 2017.

C. However, as the instant public offering procedure did not proceed, the rental housing B was not established at the relevant place of business.

On May 31, 2018, the Plaintiff paid 32,777,800 won in total as appraisal fees and consulting reporting expenses, as shown in the attached list, to the appraisal corporation in the instant case.

[Ground of recognition] Facts without dispute, Gap 2 through 6, 8, 9 items, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s primary assertion that the appraisal cost of the instant case would have been anticipated to be recovered from the rental housing B to be established during the process of the instant public offering.

However, since the public offering procedure of this case did not proceed, the rental housing B was not established. In this case, unless there is an agreement between the original defendant and the original defendant on who is to bear the appraisal cost of this case, the beneficiary of the public offering of this case or the beneficiary of the public appraisal.