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(영문) 울산지방법원 2021.01.27 2019가합18088
용역비
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The plaintiff and the defendant were established for the purpose of real estate development and consulting business. The defendant purchased the land located in Ulsan-gu C in Ulsan-gu and carried out a new business of constructing commercial buildings on the above land (hereinafter "the business of this case").

B. On July 6, 2017, the Plaintiff and the Defendant concluded a service agreement (hereinafter “instant service agreement”) with respect to the instant project, on the following grounds: (a) the Plaintiff is engaged in real estate development project services, including an analysis of business feasibility, a financial consultation necessary to raise project costs; (b) consultation on the selection of a construction company and the conclusion of a contract for construction; and (c) inducement of land balance (1.5 billion won); and (d) the Defendant paid KRW 1 billion to the Plaintiff in return, and the Defendant paid KRW 20 billion to the Plaintiff within two weeks after the transfer of ownership; and (b) the remainder to be fully paid at the time of the PF (hereinafter “instant service agreement”).

(c)

On the other hand, on December 28, 2017, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 200 million as stipulated in the instant service agreement, and the Ulsan District Court rendered a ruling of recommending settlement with the purport that the Defendant shall pay KRW 200 million to the Plaintiff by December 20, 2018, the said ruling of recommending settlement became final and conclusive on November 17, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is that the Plaintiff is obliged to pay to the Plaintiff delayed damages from December 8, 2017, 2017, on the premise that the instant service contract mainly pertains to the Defendant’s financing business for the remainder of land (1.5 billion won) of the Defendant. PF loans specified in the instant service contract as the remainder payment date was made on December 8, 2017. As such, the Defendant is obliged to pay to the Plaintiff delayed damages from the record date of the instant service contract’s remainder payment amounting to KRW 80 million and its remainder payment date.

The argument is asserted.

(b) a concrete determination 1) relating to the completion of work in the contract.

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