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(영문) 서울중앙지방법원 2020.07.15 2019가단5190086
약정금
Text

1. The Defendant’s KRW 30,600,000 as well as annual 5% from August 24, 2019 to July 15, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On March 28, 2018, the Plaintiff entered into a delegation contract with the Defendant to act on behalf of the Defendant in a lawsuit claiming return of unjust enrichment against C (hereinafter “instant delegation contract”).

The part relating to this case in the delegation contract of this case is as follows.

Article 2 (Advanced Payment) 11,000,000 won shall be paid to He/she.

except that this commencement shall not be requested for the return even if the delegation has been cancelled or any other cause has occurred.

Article 10 (Matters under Special Agreement) The contingent remuneration shall be 3% of the winning price.

Even if a sales contract is concluded with the other party, the contingent remuneration equivalent to the above amount shall be paid.

(Mediation or Agreement during Litigation)

B. On April 10, 2018, the Plaintiff filed a lawsuit against C claiming unjust enrichment on behalf of the Defendant under the Daegu District Court Branch Decision 2018Gahap51076 on behalf of the Defendant.

(hereinafter referred to as “the instant lawsuit”). The ground for filing the instant lawsuit is called “B Area Housing Association Promotion Committee of Apartment Housing” (hereinafter referred to as “Promotion Committee”).

B Between C and C on June 3, 2015, a sale agreement between C and C to purchase KRW 12,750,000,000 of the purchase price is referred to as “the instant sales agreement.”

B. The term of validity of the sales contract under the above sales contract is until December 31, 2015, and if each contract deposit and balance are unpaid by the payment date of the down payment and the balance, the sales contract was automatically invalidated on the following day.

Since the contract deposit was not paid until December 31, 2015, which is the effective term of the instant sales agreement, the instant sales agreement was automatically invalidated on December 1, 2015, the next day.

On August 16, 2016, the promotion committee expressed its intention to purchase 637,50,000 won by remitting it to C, and upon which C notified that the transaction agreement is null and void, and on November 25, 2016, the promotion committee further transfers 637,50,000 won to C and its intention to purchase.

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