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(영문) 서울중앙지방법원 2021.01.21 2019가합556985
기타(금전)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a company established for the purpose of the construction, supply, sale and construction business of housing.

B. The Defendant, while promoting the new construction of D (hereinafter “instant building”) that was newly built on the ground of Gwangjin-gu Seoul Special Metropolitan City, selected E as a sales agent around August 2018, but converted the sales business of the instant building into a direct management system around December 2018.

(c)

Although the Plaintiff agreed to carry out the sales business of the instant building between E, as the sales business of the instant building was converted to a direct management system, the Plaintiff entered into a service contract with the Defendant for the sales business of the instant building and continued to sell the instant building.

(d)

On June 2019, the instant building concluded a sales contract for 307 units among 321 units around the end of 2019.

[Grounds for recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion has successfully completed the sales business of the instant building, and around November 30, 2018, at the Defendant’s request, provided financial consulting services. As such, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 500 million for the sales business of the instant building and the amount of KRW 3 billion for financial consulting, out of the sum of KRW 2 billion for the sales business agreed around April 2019 and the amount of KRW 3 billion for financial consulting (part of the claim). B. According to the facts acknowledged earlier, according to the aforementioned determination, the fact that the Plaintiff performed the sales business of the instant building is recognized.

However, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4 (including the number in each case), it is recognized that the Plaintiff received remuneration of KRW 15 million per month from February 2019 to May 2019 in return for the performance of the sale business from the Defendant, and otherwise, the Plaintiff and the Defendant agreed to pay to the Plaintiff an amount equivalent to KRW 2 billion with the performance of the sale business of the building of this case, or the Plaintiff and the Defendant agreed to pay the Plaintiff the financial consulting of the building of this case between the Defendant and the Defendant.

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