beta
(영문) 서울중앙지방법원 2017.06.22 2016가단157601

약정금청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 22, 2014, the Defendant entered into a sales contract for C and Gwanak-gu Seoul Special Metropolitan City D Site and Ground Building.

On November 14, 2014, E and C, under the pretext of the second intermediate payment and the remainder of the above sales contract, prepare a letter of commitment to pay KRW 1.5 million to the Defendant by September 30, 2014, and KRW 3.90 million by January 15, 2015, and received authentication in a law firm’s claim.

B. On September 29, 2016, the Plaintiff entered into a delegation agreement as follows with respect to a provisional attachment and a claim for an agreed amount (sale price until the judgment of the court of first instance is rendered) against the unregistered detached houses on the 3rd floor of Gwanak-gu Seoul Special Metropolitan City D (hereinafter “instant housing”) that had been built after the removal and construction of the old building by the Defendant, C, and E:

(hereinafter “instant delegation agreement”). Afterward, the Defendant paid the retainer to the Plaintiff.

Article 2 (Advanced Payment) The amount of KRW 10 million (including value-added tax) shall be paid to the plaintiff with the retainer of delegated affairs.

Article 3 (Expenses) The stamp fee, delivery fee, expenses for record keeping, expenses for verification and appraisal, witness daily allowance, travel expenses, guarantee deposit, execution expenses and other costs of lawsuit necessary for the handling of delegated affairs shall be paid immediately as requested by the plaintiff.

Article 5 (Remuneration for Good Faith) When the entrusted affairs are successful, the success fee shall be paid immediately in accordance with the following classification:

(Separate Table of Value-Added Tax)

1. When all of the winnings have won: 6% of the 6% of the 6% of the 6% of the 6% of the 6% of the 6% of the 6% of the 6% of the 5%

3. Where the defendant voluntarily terminates the delegation contract or the delegation is terminated due to reasons not attributable to the plaintiff.

C. On October 5, 2016, pursuant to the instant delegation agreement, the Plaintiff filed an application for provisional seizure of the instant house with the Seoul Central District Court 2016Kadan810459 on October 5, 2016. On December 1, 2016, E, while the provisional seizure procedure was in progress, has completed the registration of preservation of ownership in its name on the instant house.

The plaintiff.