(영문) 서울남부지방법원 2020.10.14 2019가단251524

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(영문) 서울남부지방법원 2020.10.14 2019가단251524

컨설팅비용반환청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 13, 2012, the Plaintiff (B) and the Defendant’s Housing Management Headquarters C (A) concluded a consulting agreement on the operation rights of the Fence Center (hereinafter “instant agreement”) with the following terms.

With respect to the right to operate this volatilen, Gap and Eul enter into a consulting agreement with the Fitn Center as follows, subject to the agreement between them:

1. The location of the volatile mark: D apartment and the number of households in Seongdong-gu Seoul Metropolitan Government: 1821 households;

2. Contract price indicated on the contract (excluding facility cost): 140 million won;

3. On November 13, 2012, the contract deposit amount of KRW 20 million is KRW 30 million in the intermediate payment of KRW 30 million on November 16, 2012, and KRW 10,000,00 in the remainder of KRW 90,000,000,000 shall be delivered to Section 1 upon entering into a regular contract with the head of the office of the management of the relevant apartment and the head of the office of the management of the relevant apartment. Article 2) A shall remove all matters impeding the exercise of the right of operation and transfer the contractual matters to Section 2 so that B may run immediately at the same time with the receipt of any balance.

except as otherwise provided in the agreement.

Article 3) Article 3 (A) is liable to operate the apartment management office of the relevant apartment by January 31, 2013, and if Party A fails to comply with the foregoing, the contract shall be rescinded, and the contract shall be returned to Party B within one week in full. B. The Defendant paid KRW 15 million in total to Party C pursuant to the instant contract from November 13, 2012 to January 31, 2013. The Defendant returned KRW 20 million out of the said money to the Defendant. The Defendant returned KRW 20 million out of the said money to the Defendant. 【The fact that there is no dispute over recognition, the entries in subparagraphs 1 and 3, and the purport of the entire pleadings.

2. The plaintiff asserts that the contract of this case was concluded with the defendant's agent C, and that since the contract of this case was impossible, the contract was cancelled and the return of the paid contract amount is sought.

In this regard, the defendant asserts that the party to the contract of this case is not the defendant.

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