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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The conclusion of the instant service contract and the payment of service costs, etc. 1) In the event that both the Plaintiff and C Co., Ltd. (hereinafter referred to as “Plaintiff, etc.”) are jointly referred to, the term “Plaintiff, etc.”
B) On February 11, 2015, D Co., Ltd. and D, as an executor, are stores in G apartment complex in the Gangnam-gu, Dong-gu, Dong-gu, Seoul Special Metropolitan City (hereinafter “instant commercial building”).
with respect to a purchase agency service contract (hereinafter “instant service contract”) as follows:
(2) The content of the instant service contract was as follows: (a) the Plaintiff et al. provided services to D in order to purchase the entire commercial buildings of this case from E; and (b) the Plaintiff et al. paid the service cost to D in return for the aforementioned services; (c) the main provisions are as follows.
Article 2 (Term of Contract for Services) The term of this service contract shall be from the guidance to the intermediate payment first.
Article 4 (Provision of Trade Prices and Data)
1. The sales price of the real estate (the entire commercial building of this case) subject to sale shall be determined by “A” (Plaintiff et al.) and “A” (Co. D) on the basis of an agreed average eight million won (00,000,000 won) per annum with “seller” (E) in accordance with this Agreement.
Article 5 (Service Charges)
1. "B" shall pay the total amount of service costs under this contract when a sales contract for real estate subject to purchase is concluded by performing service activities and when the first installment is paid after obtaining approval for the sale of a commercial building;
2. “B” shall return the already paid service cost to “A” (Plaintiff) if the approval for the sale of a commercial building becomes known by June 11, 2015 after the conclusion of the contract.
3) At the time of the conclusion of the instant service contract, the Defendant was one of two inside directors of D Co., Ltd., and the Defendant concluded the instant service contract, and the Defendant promised to be jointly and severally liable with D Co., Ltd with regard to refund amount stipulated in Article 5(2) of the instant service contract (Evidence A 3, hereinafter referred to as “instant payment”).