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(영문) 수원지방법원 2016.02.04 2014가단71909
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 2012, the Plaintiff and the Defendant received permission, etc. from Nonparty C and D (hereinafter “C, etc.”) to engage in development activities, etc. from the permissible viewing in order to create the neighborhood living site, commercial building site, etc. on the ground of the plot of land E and three parcels, including C, D, etc. (hereinafter “instant land”).

B. On May 26, 2012, the Plaintiff and the Defendant agreed with C, etc., provided consulting services with respect to civil engineering, design, authorization, and permission, etc. related to the construction of neighborhood living facilities on the instant land to C, etc., and entered into a consulting service contract with the content that the Plaintiff and the Defendant would receive KRW 200 million in return (hereinafter “instant service contract”).

C. In performing services under the instant service agreement, the Plaintiff and the Defendant concluded a partnership agreement with the purport that the Plaintiff will take charge of the construction and civil engineering design work, the Defendant will take charge of the authorization and permission work, and use the remaining amount to the expenses necessary for performing duties and distribute the remaining amount in proportion to 1/2 shares of each of the service charges received from C, etc. (hereinafter “instant partnership agreement”).

Under the instant service contract, the Plaintiff received KRW 15 million in total, including KRW 15 million, from the Plaintiff’s account on May 26, 2012, KRW 25 million on August 7, 2012, KRW 30 million on September 3, 2012, and KRW 10 million on September 4, 2012, under the pretext of teaching expenses and design expenses necessary for obtaining permission, etc. to engage in the development of the instant land from the said C, etc. in accordance with the instant service contract.

E. Meanwhile, around that time, the Defendant stated that “A public officials who intend to obtain the permission of departure from the Republic of Korea need to make money,” and received KRW 2 million out of KRW 5 million from the Defendant’s corporate bank account around May 26, 2012 through the Defendant’s corporate bank account. In addition, the Defendant paid KRW 76,500,000 on seven occasions from the above date to October 30, 2012 in cash.

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