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(영문) 서울중앙지방법원 2016.08.17 2015가합556376
약정금
Text

1. The Defendant shall pay the Plaintiff KRW 700,000,000 and the interest rate of KRW 15% per annum from September 12, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Seongdong-gu Seoul Metropolitan Government Factory Site A 776.51㎡ and Seongdong-gu Seoul Metropolitan Government Factory Site B 827.2㎡ and D have promoted the business of building and selling apartment-type factories on the above land (hereinafter “instant business”).

B. The Plaintiff was delegated by C with authority to analyze the balance of the instant project and to take measures to raise funds for the instant project, and the Plaintiff colored the instant project execution counter-project event to perform its business affairs.

C. Accordingly, on February 10, 201, an agreement was concluded between C, D, the Plaintiff, and the Defendant to act as an agent for the implementation of the instant project.

The contents of the execution agency agreement related to the instant case are as follows:

(A) A, D, B, and B, hereinafter referred to as the “instant contract”). Article 7 (Settlement of Service Receipt) (1) “B” shall act as an agent of B, and “B” shall, in return, pay to B, “B,” the service fee of KRW 1,500,000,000,000.

(2) The payment date of service fees shall be as follows:

Section 1,50,000,000 and 30% 450,000 per cent n,50,000 per cent n,50,000 per cent n,50,000 per cent n,500 per cent n,50,000 per cent n,00 per cent n,00 per cent n,50,000 per cent n,50,000 per cent n,50,000,00 for the project “in relation to the project”, “B” shall directly pay the general management expenses on behalf of the project and obtain approval from “B” at the request of “B”.

On February 10, 2011, an agreement was concluded between the Plaintiff and the Defendant on February 10, 201 as follows:

(A) A means the plaintiff, and B means the plaintiff, hereinafter referred to as the "Agreement of this case")

1. “A” means KRW 700,000,000,000,000, excluding the sale of the fees of “A” (800,000,000 value-added tax) received in connection with the project.

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