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(영문) 울산지방법원 2018.12.11 2018가단984
손해배상(기)
Text

1. The Defendant: (a) KRW 30 million and the Plaintiff’s 5% per annum from January 23, 2018 to December 11, 2018; and (b).

Reasons

1. The fact of recognition - On September 20, 2017, the Plaintiff entered into an agency service contract (hereinafter “instant service contract”) with the Defendant regarding the construction of apartment complexes of the regional housing association in Ulsan-gu, Ulsan-gu, Ulsan-do. The main contents are as follows.

Article 3 (Scope of Services and Completion of Services) (1) The scope of agency services to be performed by the plaintiff shall be as follows:

Support for all administrative and external affairs for the progress of the Project

(b) Affairs related to arranging financial companies and providing financial advice for the proceeding of the project;

(c) acting as a contractor for the proceeding of the Project;

(d) Brokerage of trust companies for the progress of the business;

(2) The plaintiff's agency service is completed when the defendant deals with the first intermediate payment loan (second intermediate payment loan) in the name of the buyer and the second intermediate payment loan under the name of the buyer.

Article 4 (Performance of Agency Services) (1) The defendant shall pay 1.2 billion won to the plaintiff at the time of implementing the project financing loan, equivalent to 1.2% (Additional Tax Map) of the amount requested for a limit of 100 billion won as the price for the service for the project financing loan.

(2) The defendant shall pay 1.3 billion won to the plaintiff when implementing the first intermediate payment loan, equivalent to 130 billion won (excluding added tax) equivalent to 1.3 billion won of the request for the limit as the payment for the part payment service for the part payment loan.

(3) The original and the Defendant shall fully recognize the fact that the agreed amount of the loans for project financing and the agreed amount of the part payments may be changed during the course of performing their duties, and shall settle the accounts later on the basis of the fixed limit after the determination of the agreed amount.

④ The Defendant shall immediately settle and pay the amount of service on behalf of the Plaintiff to the Plaintiff individually when meeting the pertinent requirements in the course of performing the business of financing business and the part payment loan.

- The Plaintiff is the Plaintiff.

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