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(영문) 서울남부지방법원 2020.02.06 2018가단14032

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff (A) and the defendant (B) shall enter into a consulting agreement on the location analysis and the purchase of the store of the Party A's branch office at a financial institution as follows:

Article 1 (Scope of Consultation)

1. The scope of consulting services entrusted by A to B shall be as follows:

1) E-Business Location Analysis - Business Location Analysis of E: Fdong, Gdong - Business Location Prediction of the neighboring area and dynamic population forecast - Analysis of the timing and supply status of officetels / shop stores in the neighboring area - Analysis of the trends and countermeasures of neighboring competition financial institutions 2) - Contract progress, such as optimal price negotiations 4) based on the location analysis of the above 1 and 2) - On the basis of the above 1 and 3) contract progress, such as optimal shop location negotiations - On the condition that the area for exclusive use is at least 30 square meters (which can be combined with the first and second floor floor area) - Assistance in sales of shop stores in neighboring real estate establishments, associations and customers introduction cooperation.

2. B shall report and consult on the results of activities referred to in the preceding paragraphs to Gap.

The remuneration for consulting under Article 2 (Remuneration) shall be separately determined at the time of success in the conclusion of the appropriate contract for the purchase of a store within the limit of 6% of the purchase price of the store and shall include all the expenses for the completion of the contract.

On April 15, 2016, in order to purchase a commercial building to use as the Plaintiff’s branch office office, the Plaintiff prepared a consulting contract with the Defendant (former trade name: C & D Co., Ltd.) on the following terms:

(hereinafter referred to as “instant consulting contract”). (b)

The Defendant introduced to the Plaintiff two stores of the first floor I of the H building in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant subparagraph I”) and the second floor J (hereinafter “instant J”) as goods that can secure exclusive use area of at least 30 square meters by combining the instant I and J, and the Plaintiff entered into a commercial supply contract with respect to the instant subparagraph I around May 2016.