2017 Single 4608 Agreements

Esti Development Co., Ltd.

New C&C Co., Ltd.

September 14, 2017

November 16, 2017

1. The defendant shall pay to the plaintiff 90 million won with 5% interest per annum from August 21, 2016 to May 4, 2017; 15% interest per annum from the next day to the date of full payment; and 50 million won interest per annum from May 5, 2017 to the date of full payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts of recognition;

A. On March 25, 2016, the Plaintiff entered into a service contract with the Defendant, who is an agent of the Chuncheon-si Macheon-si District Housing Association development project referred to as Chuncheon-si 614-2, a single-name, to act on behalf of the Plaintiff for the recruitment of its members.

B. After that, on July 11, 2016, the Plaintiff agreed with the Defendant as follows.

1) In relation to the above service contract, the Defendant shall return to the Plaintiff KRW 50 million out of the contract deposit 100 million paid by the Plaintiff until July 25, 2016, and the remaining KRW 50 million up to August 20, 2016.

2) By October 30, 2016, the Defendant made it possible for the Plaintiff to commence the above service contract (or services that are comparable to the creation of profits from the existing service business) as a claim for damages against the Plaintiff by the time of the payment of damages. In cases where the implementation is impossible, the Defendant shall pay the Plaintiff KRW 50 million to the Plaintiff as the compensation for damages.

C. The defendant did not allow the plaintiff to commence the above service contract by the above deadline, or was impossible for the plaintiff to start the above service contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

According to the facts found above, the defendant shall pay to the plaintiff KRW 60 million with the amount of KRW 150 million paid by the plaintiff out of the above agreed amount of KRW 150 million, excluding the total amount of KRW 50 million, and the payment date of KRW 50 million, which is July 25, 2016, and KRW 10 million, which is August 20, 2016, excluding the total amount of KRW 50 million and KRW 10 million, which is August 20, 2016, and KRW 40 million among them, from August 21, 2016 following the above payment date until May 4, 2017, which is delivery date of a copy of the complaint of this case; and KRW 50,000,000,000,000 from the day following the above payment date to the day of complete payment, etc.

With respect to damages for delay with 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, damages for delay shall be paid at the rate of 15% per annum from May 5, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case filed by the plaintiff after the date of payment.

3. Conclusion

The plaintiff's claim is justified and accepted.

Judges' relocation;