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(영문) 수원지방법원 2015.10.07 2014가단532015
부당이득금
Text

1. The period between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is based on the real estate consulting contract dated May 27, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 27, 2014, the Plaintiff entered into a real estate consulting contract with the Defendant who is engaged in real estate consulting business, etc. (hereinafter “instant consulting contract”) in order to receive a successful bid in the auction procedure for the auction of the real estate rent D with Goyang-gu District Court Goyang-gu, Yongsan-gu, and 12 real estate (hereinafter “instant real estate”). The main contents are as follows.

[Purpose] Article 1 [Purpose] The plaintiff requests consultation on real estate, and the defendant shall examine all matters, such as the analysis of rights of goods requested, provide the plaintiff with the maximum services, and actively cooperate and provide advice on the real estate requested by the plaintiff.

Article 5 [Scope of Business Activities]

1. The defendant shall provide consultation by referring to the data of specifications of goods sold in the court, and shall not be liable for any matters other than this data.

2. The defendant may present the price to be seen by the plaintiff, but the final price determination shall be based on the plaintiff's judgment and responsibility, and the defendant shall not be liable for the decision.

Article 7 (Method of Providing Consulting Fees and Payment) Consulting fees shall be KRW 100 million in consideration of the provision of services for the affairs under Article 1.

Article 8 (Delivery and Vindication) The delivery and surrender of an object under this Agreement shall cooperate with the defendant under the responsibility of the plaintiff, and all expenses, such as expenses for execution and directors related thereto, shall be borne by the plaintiff.

Article 11 [Special Provisions] Fees shall be paid KRW 0 million for the relevant day, KRW 0 million for the remainder payment date, and KRW 3 million for delivery.

B. The appraisal price of the instant real estate (the first sale price) was KRW 7,147,206,040, but was two times, and the minimum sale price on the third sale date held on May 29, 2014 was KRW 3,502,131,00, but the Defendant presented to the Plaintiff a bid price of KRW 4.5 billion.

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