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(영문) 서울고등법원 2016.10.20 2016나2028833
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Upon entering into the instant contract, B (the Plaintiff’s trade name was changed as of July 10, 201; hereinafter “Plaintiff”) entered into a contract with the Defendant in 2009 (hereinafter “instant contract”). For an urban development project (hereinafter “instant project”) that was promoted by Sungnam-si, Sungnam-si (hereinafter “instant project”), the Defendant and the lower court entered into the instant contract with a major content.

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") shall enter into this contract for the purpose of conducting business affairs in good faith based on mutual trust in entrusting real estate consulting services for the promotion of an urban development project (hereinafter referred to as "the project") of the Sung-nam-si, Sung-nam-si.

Article 1 (Purpose) A shall entrust B with the trade of land (F, G, H, and I) owned by the E clan located in Sungnam-si D, and Eul shall fulfill its entrusted duties in good faith.

Article 2 (Period of Contract) The period of this contract shall be from the date of execution to the date of completion of sale.

Article 3 (Fees for Consulting Services) The amount and terms and conditions of payment of consulting services fees that A pays to B shall be as follows:

1. The total amount of fees for holding services shall be KRW 760,000,000 (excluding value-added tax);

2. The consulting service fee shall be paid by Gap to Eul simultaneously with the payment of the purchase price; and

Article 5 (Termination of Contract and Compensation for Damages)

1.If the promotion of the project is difficult or long-term delay is difficult due to problems under relevant laws or regulations, or difficulties in authorization or permission processes, and it is difficult to normally promote the project due to problems such as aggravation of balance of the project, A may terminate this contract with written notice, and B shall not be responsible for any cause attributable to A.

3. When a contract is terminated due to a reason referred to in paragraph (1), the obligation of Gap to pay consulting service fees shall be automatically terminated, and Eul shall return the amount already paid.

(b).

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