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1. The judgment of the first instance is modified.
The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2...
Reasons
1. Plaintiff’s assertion and claim
A. In the instant case where the Plaintiff contests piece rates under the instant advisory commission agreement concluded with Defendant B (hereinafter the term “the first instance judgment”) and G on December 26, 2011, the Plaintiff asserted and claimed at the first instance judgment as follows.
① Defendant C is a party to the instant contract of advisory commission.
② As the Plaintiff achieved the outcome stipulated in the instant contract for advisory commission, Defendant B and Defendant C shall jointly pay to the Plaintiff KRW 1,563,274,320 on the performance-based rates and KRW 48,00,000.
③ If the Plaintiff failed to achieve the outcome, it is because the Defendants deceiving the Plaintiff and interfered with the fulfillment of conditions.
Defendant B and Defendant C shall pay piece rates to the Plaintiff pursuant to Article 150(1) of the Civil Act, and Defendant D, who committed a tort that infringes the Plaintiff’s conditional rights, shall compensate the Plaintiff for damages equivalent to piece rates.
B. The judgment of the court of first instance dismissed all the Plaintiff’s claim, and the Plaintiff appealed therefrom with the claim amounting to KRW 48,00,000,000, which was withdrawn by this court, and increased the performance rate to KRW 1,656,513,600, while changing the claim with the following assertion.
① Defendant D, in addition to Defendant C, is a party to the instant contract for advisory commission.
② Since the Plaintiff primarily achieved the outcome stipulated in the agreement on advisory commission, the Defendants shall jointly and severally pay 1,656,513,600 won to the Plaintiff.
If the obligation to pay performance rates is divided, the Defendants shall pay to the Plaintiff KRW 414,128,40,00 per piece rates of KRW 1,656,513,60. If Defendant D is not a party to the instant advisory commission agreement, Defendant B and the Defendant C shall pay KRW 52,171,200 per piece rates of KRW 1,656,513,600 to the Plaintiff, respectively. If Defendant C is not a party to the instant advisory commission agreement, Defendant C shall also pay KRW 1,656,513,60 to the Plaintiff KRW 828,256,80 per piece rates of KRW 1/2,00 to the Plaintiff.