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(영문) 수원지방법원 2016.02.04 2015나14089

컨설팅용역수수료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 14, 2014, the Plaintiff, under the trade name of “C Licensed Real Estate Agent Office”, acted as a real estate broker for real estate business, and as a broker for entering into a contract for acquisition or transfer of rights (hereinafter “instant contract for acquisition or transfer”) with the content that the facilities, leases, and all business rights of “F Child Care Centers,” which are “F apartment management-dong Child Care Centers,” which are operated by D, are transferred to the Defendant for a premium of KRW 54 million.

B. The main contents of the transfer contract of this case are as follows.

1) Upon receipt of any balance, the transferor shall include all facilities and goodwill so that it can be operated immediately to the transferee. The transferor shall remove all matters impeding the exercise of the right of lease and deliver the same to the assignee in such a condition as to enable the exercise of the right to the said real estate. The date of delivery of the said real estate shall be August 15, 2014 (Article 2.2.2) if the transferor or transferee fails to perform this Agreement, the transferor is not liable for the default between the parties to the contract, and the other party may notify in writing the non-performance and rescind the contract.

In addition, the contracting party may claim damages, and unless otherwise agreed, the contract deposit shall be deemed to be the basis for compensation for damages (Article 5.3). The transferor shall endeavor to conclude the contract between the owner and the transferee based on the terms and conditions of the lease contract with the owner (the apartment council of occupants' representatives) and the transferee, and if the lease contract is not concluded normally, the contract shall be rescinded and all the amounts, including the down payment received by the transferor (Article 6.4) (the broker) shall not be liable

Fees for consulting services shall be paid by both parties at the time of the conclusion of this Agreement, and this Agreement shall be null and void, void, or cancelled due to the circumstances of the contracting parties without the intention or negligence of the broker.