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(영문) 인천지방법원 2016.05.20 2015가합5084

용역비 등

Text

1. The Defendant’s KRW 1,00,000,000 as well as 5% per annum from September 5, 2015 to May 20, 2016 to the Plaintiff.

Reasons

1. The plaintiff's ground for claim

A. On April 19, 2013, the Plaintiff paid expenses of KRW 16 million per month from the Defendant (in addition to value-added tax; hereinafter the same shall apply) to a corporation engaged in real estate development business, etc. established for Suwon-si Development Project C (hereinafter “instant commercial building”), the Plaintiff entered into a business agreement (No. 4) and the Plaintiff’s exclusive charge of management of the instant commercial building to pay KRW 1,963,385,00,000 for the construction of the instant commercial building at the expense of KRW 16 million (in addition to value-added tax, value-added tax; hereinafter the same shall apply). Upon completion of the construction of the instant commercial building, the Plaintiff paid KRW 1,963,385,00 for the total sales amount of the instant 10th floor and the sales amount of KRW 5,000 for the instant commercial building. If the Defendant entered into a management contract with another company, the Plaintiff shall pay KRW 240,000,00.

B. Since then, the Plaintiff acquired the right to develop the instant commercial building from the Defendant, the Plaintiff, a corporation, to whom the Defendant had been the pilot company (after that, F, the representative director of the said corporation, was appointed as the Defendant’s representative director), shall provide cooperation and support to the acquisition of the instant business and the completion of the instant commercial building development project, which the Plaintiff would have sought by E, and “4 units below 1, 5, 6, 7 of the instant commercial building on the 10th 10th st, when the completion of the instant commercial building was completed as the service cost.”

(3) The Plaintiff concluded a business agreement (Evidence A7). Meanwhile, on August 21, 2015, G Co., Ltd. (the representative director was the same as the Plaintiff) established for the sales agency business of the instant commercial building, which was established on August 21, 2015 for the purpose of the sales agency business of the instant commercial building. (iv) The Plaintiff acquired the claim equivalent to KRW 1.15 billion, including penalty, against the Defendant of the said company arising from the sales agency business agreement.

In this case.