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(영문) 서울중앙지방법원 2019.05.15 2018가합544213
용역비
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Under the underlying facts, the following facts may be acknowledged either as a dispute between the parties, or as a whole by taking into account the whole purport of the pleadings in each entry of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 4, 11, and 12 (including a branch number; hereinafter the same shall apply).

The plaintiff is a law firm established for the purpose of running the business belonging to the attorney-at-law's duties, and the defendant is a company established for the purpose of selling, leasing, or disposing of real estate.

On April 28, 2017, including the conclusion of the instant advisory contract, the Plaintiff entered into an advisory contract with the Defendant and Jung-gu Seoul Metropolitan Government Cbuilding (hereinafter “instant real estate”) with respect to the sale of the instant real estate (hereinafter “instant advisory contract”).

Article 1 (Purpose) of the Jung-gu Seoul Metropolitan Government Section 1 (Purpose of this Agreement is to provide the above-mentioned real estate sale (hereinafter referred to as "the instant construction project") and related Plaintiff with consulting and consulting services and to determine all matters related thereto.

Article 3 (Scope of Consultation and Advice) (1) The plaintiff (which appears to be a clerical error of the defendant) seeks advice from the plaintiff about the financial matters of the defendant in relation to the business of this case, and the plaintiff will respond to it in good faith.

② The Plaintiff shall have exclusive priority over the sale of real estate during the term of this contract.

However, the sale procedure promoted by the defendant through D shall not be an exception.

③ The Plaintiff shall perform the following duties in relation to the instant business:

Agreement on the Selection of Persons to be Sold and Establishment of Trade Structure and Conditions Related to the Project

(b) co-ordination and co-operation with relevant bodies in order to promote this project;

(c) Article 4 (Scale of Real Estate Consulting Engineers) (1) of the Act on the Sale of this Building.

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