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1. The Defendants are jointly and severally liable to the Plaintiff for 820,000,000 won and the period from October 25, 2016 to June 22, 2017.
Reasons
1. Indication of claim;
A. On July 11, 2016, the Plaintiff entered into an agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”), an agent of the regional housing association construction project (hereinafter “instant project”), which is implemented in the Kimhae-si, Kimhae-si, that is, the Plaintiff received 10% of the profits that Defendant B would obtain from Defendant B as agent of the instant project in return for the provision of services provided by the Plaintiff to Defendant B, but the down payment of KRW 20,000,000 (hereinafter “instant agreement”) was entered into at the time of entering into the instant agreement, and the remainder would receive after obtaining the approval of the project plan of the instant project (hereinafter “instant agreement”). Defendant C Co., Ltd provided joint and several sureties with respect thereto.
B. The “after obtaining approval of the business plan of the instant business,” which is the remaining payment date of service costs, falls under an indefinite period, and thus, the time period comes when the facts indicated as the indefinite period have occurred or it is confirmed that no occurrence has occurred. Since it was impossible for Defendant B to obtain the approval of the business plan of the instant case by transferring its business rights to E around October 24, 2016, the Defendants’ payment period for the remainder of service costs arrived.
C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 840,000,000,000, plus KRW 2,000,000,000,000, which is the aggregate of KRW 8,400,000,000, which is 10% of the profit earned from the instant project, as well as KRW 840,000,000, which is 20,000,000, and the delay damages therefor.
2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.