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(영문) 창원지방법원통영지원 2017.11.29 2016가합11604
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic Facts A: Defendant, and Article 4 (Scope of Business Performance)

1. Management of documents related to contracts for target real estate;

2. Business of consultation on the sale and purchase of target real estate, and conclusion of sales contracts;

3. Responsibility for clarification (including obligation to cancel any restriction on right) at the time of payment of the price of the target real estate: Provided, That the price of land shall be the price of land for which B has paid and the cost of acquisition.

Article 5 (Period of Practice) The periods of Practice under this Agreement are as follows:

1. Date of commencement: When concluding a contract;

2. Date of completion: The contract period may be extended with the consent of A, if the contract period has not been completed within the contract period due to a natural disaster or any other unavoidable cause or event recognized by A, such as a natural disaster;

Article 7 (Time to Pay Service Costs)

1.The cost of services shall be paid in accordance with the ratio of purchase completion:

2. Contract deposit (50%): 375 billion won shall be paid at the time of conclusion of a contract.

3. Part payments (25%): 100,000 won by June 30, 2008.

4. Balance (25%): 10 million won shall be paid up to October 31, 2008.

5. In paying the down payment as provided for in paragraph 1, the remainder after subtracting the amount of forty-four million won already paid by Gap to Eul shall be paid thirty-three thousand won.

On January 22, 2008, the Defendant concluded a real estate consulting service contract (hereinafter “instant service contract”) with C (Co., Ltd. D: hereinafter “C”) in order to purchase a large number of parcels other than B in a material storage site.

The main contents of the above service contract are as follows:

B. Under the instant service contract, the Defendant paid C the down payment of KRW 375 million on January 24, 2008, and the intermediate payment of KRW 1875 million on November 27, 2008, respectively.

C. Meanwhile, the Plaintiff filed a claim against E and C for the payment of damages, agreed amount, etc. as the Head of the Changwon District Court’s Tong Branch No. 201Ga2032, Feb. 2, 2012, the said court calculated the ratio of KRW 150,166,638, and the amount to the respective Plaintiff from June 1, 201 to the date of full payment.

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