(영문) 춘천지방법원속초지원 2020.02.20 2017가합30292

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Reasons

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(영문) 춘천지방법원속초지원 2020.02.20 2017가합30292

용역비

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1. The Defendant’s KRW 58,970,60 for the Plaintiff and KRW 6% per annum from October 19, 2017 to February 20, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant’s business with the purpose of implementing and developing the instant apartment, which newly constructs a collective housing on the land outside C and 13, from the beginning of the Seocho-si (hereinafter “instant land”); and “the instant business” refers to the instant business “business site.”

(2) Around January 2016, the Defendant representative director D requested the Plaintiff to find the Plaintiff operating real estate brokerage business with the trade name “E” and to purchase the instant project site by verbally demanding the Plaintiff to obtain the land owner’s opinions, etc., and consented by the Plaintiff.

(3) From April 2016 to June 2016, the Plaintiff is the Fran Association, etc., the owner of the instant project site (hereinafter “sellers”) (hereinafter “instant oral agreement”).

(2) According to the terms and conditions of the sales agreement, the sales agreement between the seller and the Defendant, including that “if the Defendant pays the down payment two months after the date of the agreement, it shall be deemed that the sales agreement was concluded” (hereinafter “the instant sales agreement”).

(B) Around July 2016, the Defendant decided to transfer all of the powers regarding the instant business to G Co., Ltd. (hereinafter “G”) and one other, including the Plaintiff, around July 2016, because it is difficult to promote the instant business due to the lack of business funds.

2) In addition to the above business transfer, between the Defendant and G, a business consulting contract with the content that the Defendant is entitled to receive a certain percentage of the purchase price of the instant project site as service cost, in return for completing the business of purchasing the instant project site for G and receiving a certain percentage of the purchase price of the instant project site (hereinafter “instant consulting contract”).

(3) After August 2016, the Defendant received down payment of KRW 240 million from G from the proceeds under the instant consulting contract.

4. Meanwhile, the plaintiff goes against defendant representative director D.

유사 판례

-춘천지방법원속초지원 2020.02.20 2017가합30292

-대구고등법원 2020.01.22 2019나22662

-서울북부지방법원 2016.03.18 2015나32545

-서울중앙지방법원 2020.07.15 2019가단5190086

-울산지방법원 2016.11.22 2016가단10093