(영문) 서울중앙지방법원 2019.11.06 2019나1342

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(영문) 서울중앙지방법원 2019.11.06 2019나1342

용역비

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1. Revocation of the first instance judgment.

2. As to KRW 100,000,000 among the Plaintiff and KRW 25,000,000 among them, the Defendant shall on January 1, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent engaging in real estate brokerage business, development consulting, etc., and the Defendant is a stock company that operates a theater and performs incidental business, and is the owner of “D” (hereinafter “instant building”) located in Osan-si, Osan-si.

around 2014, the Defendant’s representative director, from around 2014 to May 17, 2017, held 30% of the shares issued by the Defendant I, 20% of the shares of I, K, I’s wife, and 50% of the L, I’s wife, respectively.

B. On February 5, 2014, the Defendant entered into an advisory service contract on the sale or development of the instant building (hereinafter “instant first contract”) with the Plaintiff. The said contract provides that the Defendant shall seek advice on the method of sale or development of the instant building and shall pay remuneration to the Plaintiff in cases where the instant building is sold or proceeds from development projects, and that the said contract shall not be paid unless the instant building is sold.

Article 2 (Purpose of the Contract) The Defendant is provided by the Plaintiff with consulting services on the sale or development of the instant building (hereinafter referred to as “this service”), and the Plaintiff concludes this contract to provide this service to the Defendant.

Article 4 (Scope of Services) The scope of services to be provided by the Plaintiff shall be as follows: (Scope of Services) When sold, it is necessary to maximize or develop the sales amount, and the details thereof shall be as follows:

(1) Examining the most effective way to use the subject matter (2) reviewing the feasibility of the disposal method (real estate sale vs. Development Project) through market analysis (3) determining the defendant's disposal method, Article 5 (Service Period)

1. The period of service performance shall be six months after the date of signing this service contract.

Provided, That if this service is continued until the end of the service performance period, the defendant.

유사 판례

-의정부지방법원고양지원 2015.07.01 2014가합55222

-서울중앙지방법원 2018.08.21 2017가단5010872

-서울중앙지방법원 2014.12.18 2014가합16680

-서울서부지방법원 2015.06.19 2014가합7674

-서울중앙지방법원 2016.01.15 2015가합532356