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(영문) 의정부지방법원 2020.09.10 2019나3661
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is the former duties of “C”, whose main duties are environmental facilities and environmental consulting, and the Defendant is a person who operates a professional engineer office in the name of “D”.

B. Around March 2018, the Plaintiff introduced the G head of F, an incorporated association (hereinafter “F”) as a related party to an enterprise that can receive “E services (hereinafter “instant services”) ordered at Goyang-si” (hereinafter “instant services”).

Name of Services: Koyang-si H consulting (E Services)

2. Contract term: The contract date awarded for a successful tender from May 24, 2018;

3. Contract amount: 11,00,000 won (including surtax) and this contract to be paid immediately after the receipt of the down payment shall be effective only when the F is awarded a successful contract.

4. Mutual cooperation: The defendant shall faithfully perform consulting services in accordance with the schedule agreed with the F, and shall provide F with cooperation for the smooth performance of duties by receiving a contract for services from the F to the completion of the services.

C. On May 25, 2018, F drafted “the consulting service contract” with the Defendant with the following content:

(hereinafter “instant contract”). D.

The F received the instant service from Goyang-si, and concluded the instant service contract on June 4, 2018.

E. On July 3, 2018, the F Director G transferred KRW 11 million from the F Account to D’s account operated by the Defendant under the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff introduced with the Defendant a company with the intent to pay KRW 4 million for the introduction of the instant service in return for the introduction of the service, and the Plaintiff introduced the Defendant with the agreement to divide the service cost into KRW 4 million with the Defendant, and KRW 6 million with the Defendant upon receiving the introduction cost in the event that the Plaintiff’s introduction is a contract for the instant service.

The instant contract shall be paid the introduction fee when F receives the instant service.

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