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(영문) 서울서부지방법원 2016.08.31 2016가단207266
기타(금전)
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from March 25, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of real estate development and sales agency business, and the Defendant is a company with the purpose of business consulting and business agency business agency service business.

B. The development of the High Industrial Complex Co., Ltd. concluded a future general industrial complex investment implementation agreement with the non-party-party-Si and also took charge of the implementation of the above future general industrial complex.

In addition, on March 14, 2012, the Plaintiff entered into a contract for consulting services for the sale of the above future general industrial complex (hereinafter “instant service contract”) with the Defendant, and the Plaintiff again entered into a contract for consulting services for the sale of the above future general industrial complex (hereinafter “instant service contract”).

C. According to the instant service contract, according to the Plaintiff’s delegation, the Defendant: (a) performed all affairs related to the sale of future general industrial complexes; and (b) induced sales enterprises to receive the sales payment in full; and (c) agreed to pay the sales payment when the contents of the service are completed due to the full payment of the sales payment.

The defendant saw the necessity of conducting business affairs in the course of performing the sales consulting affairs, and requested the plaintiff to pay in advance some of the service costs to be incurred in the future. On August 22, 2012, the plaintiff transferred KRW 100,000 to the defendant's account on August 22, 2012 in consideration of the defendant's circumstances.

E. The instant service contract terminated upon the Plaintiff’s termination on May 22, 2013, and the payment for services under the instant service contract was not generated even after the said transfer.

Accordingly, the Plaintiff requested the return of KRW 100,000,000, which was paid in advance as of May 22, 2013, but the Defendant did not return it up to now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, purport of whole pleadings

2. The parties’ assertion and the Plaintiff’s judgment at this court seek the return of KRW 100,000,000, which was paid in advance.

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