(영문) 대구지방법원 2016.09.20 2015가단47270

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.09.20 2015가단47270

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On May 7, 2014, the Plaintiff and Nonparty B concluded a land purchase services contract with the Defendant (hereinafter “instant services contract”) and the content thereof are as follows: (a) the Plaintiff and Nonparty B concluded a sales contract with the Defendant for the purchase of the seven parcels outside the old-si, the Defendant, whose business area is the Plaintiff and Nonparty B, to enter into a sales contract with the Defendant for the purchase of the seven parcels; and (b) pay KRW 150 million as the service price.

In accordance with the instant service contract, the Plaintiff and B are obligated to pay the Plaintiff KRW 75 million equivalent to the Plaintiff’s share out of the service price, as well as damages for delay, on the ground that the Defendant did not pay KRW 150 million, even though the Defendant acquired all ownership of the above land by performing services for the Defendant to purchase the above land in accordance with the instant service contract.

B. The Defendant asserted that the Defendant did not perform all the services by June 5, 2014, which is the service period agreed with the Plaintiff and B, and agreed to return the service amount received to the Defendant if the service was not performed within the agreed service period, and that the Defendant did not have any obligation to respond to the Plaintiff’s claim.

2. Determination

(a)There is no dispute between the parties to the facts of recognition, or by integrating Gap evidence No. 1 and Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply), and recognize the following facts:

- The Plaintiff and B entered into the instant service contract with the Defendant on May 7, 2014, set the land service cost of KRW 150 million, and among which the amount of KRW 30 million was agreed to pay the remainder of KRW 120 million at the time of the contract.

- The service period was set at thirty (30) days from the date of the contract, and the Plaintiff and B agreed to return the received service contract if the contract was within the entire land sales contract within the service period agreed upon.

(Contract 3(5) and 8(3). - The Defendant paid KRW 30 million to B on May 8, 2014, and KRW 20 million on July 17, 2014.

유사 판례

-서울남부지방법원 2015.01.15 2014가합108424

-부산지방법원 2015.07.01 2015가합833

-서울중앙지방법원 2015.04.10 2014가단208345

-수원지방법원여주지원 2019.07.10 2019가합172

-수원지방법원성남지원 2015.01.07 2014가단200908