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(영문) 서울서부지방법원 2015.12.23 2014가단36774
용역대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Conclusion of a sales agency contract (the fact that there is no dispute, No. 1) Defendant newly built 7 households on the ground C of Eunpyeong-gu Seoul Metropolitan Government.

On January 10, 2014, the Plaintiff and the Defendant concluded a sales agency contract with the purport that “the Plaintiff shall perform the sales agency business for each household of the loan, and the Defendant shall pay KRW 10 million per each household with fees.”

2. As to the Plaintiff’s assertion, the Plaintiff asserts that, while engaging in the sales agency business under the sales agency contract, around February 2014, the terms and conditions of the sales agency contract with the Defendant were modified to the rental agency business, the Defendant agreed to pay 4% of the rental deposit with the rental fee, and that, on March 16, 2014, the lease agency business was completed, the Defendant is obligated to pay the Plaintiff the unpaid fee of KRW 25.4 million.

It is insufficient to recognize the fact that the Defendant agreed to change the content of the contract to the rental agency for the Plaintiff and the household solely with the statements of Gap 2, 3, 8, and 9 and witness D, and E.

Even if the Plaintiff agreed to change the lease agency business to the leased agency business, it is insufficient to recognize that the Plaintiff, pursuant to the changed lease agency contract only with the evidence submitted by the Plaintiff, was engaged in the business so that the Defendant and lessee can enter into a lease contract

Therefore, the plaintiff's assertion is not accepted.

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