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(영문) 서울고등법원 2017.07.21 2016나2041263
약정금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. The parties concerned are companies with the purpose of leasing and managing real estate, consulting on real estate, etc. The defendant C Co., Ltd. (hereinafter "the defendant company") aims at real estate business, exhibition and operation business, etc., and the defendant B is the representative director of the defendant company.

B. The conclusion of the D Complex Development Project P.M. Service Contracts Article 1 (General Provisions) This Agreement provides for the rights and obligations between the Defendant Company (hereinafter referred to as “A”) which is the ordering person and the Plaintiff (hereinafter referred to as “B”) which is the service company, with respect to D projects, as well as the mutual rights and obligations necessary for performing their duties.

Article 5 (Calculation and Payment Method of Service Costs) (1) The calculation basis and method of service costs shall be based on the standards of 1.7% of the total project cost.

Provided, That with respect to service affairs under Article 2 (7), service expenses shall be paid in accordance with separate standards, regardless of the service period under Article 3.

(Supplementary Rule). (3) When paying the price in installments, the time of payment and the amount of payment shall, in principle, be implemented as follows, but further adjustment may be made in consultation with A and B:

At the time of payment, “B” and “D MU”, 20% “A” and 10% at the time of a provisional contract for 10% transaction at the time of the conclusion of the 520,000,000 construction work, and 20% at the time of the D sales contract, 10% at the time of the commencement of the 10% primary construction work at the time of the commencement of the 15% primary construction work at the time of the commencement of the 15% primary construction work, 5% at the time of the completion of the 15% primary construction work.

1. Expenses for performing the service affairs as prescribed in Article 2 (7) (Design Management, Authorization, Permission and Management, and Consulting for commercial facilities) - Amounting to 245,00,000 won;

2. When concluding MOU - the Plaintiff entered into a PM service contract with Defendant Company on October 11, 2010 (hereinafter “instant service contract”). This contract is a defendant company with respect to the development of D in Busan Southern-gu E.

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