(영문) 부산지방법원동부지원 2019.05.16 2018가합105285

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(영문) 부산지방법원동부지원 2019.05.16 2018가합105285

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the representative director of C, and the defendant is a corporation established for the purpose of real estate sale and sales agency business.

B. On May 1, 2017, the Defendant entered into a contract with C and Dongjak-gu Seoul Metropolitan Government (hereinafter “instant contract”) on behalf of the Defendant to provide support for the establishment of a regional housing association, support for the establishment of a regional housing association, support for the establishment of a project association, support for the selection of a contractor, support for the selection of a housing public relations corporation and a sales agency, and to receive remuneration of KRW 5,000,000 (including value-added tax) for each member recruitment household (hereinafter “instant contract”).

On May 1, 2017, the two million won (2,00,000) in the E project services contract between C and B (5,000,000) should be paid to the plaintiff on May 1, 201.

It shall be paid after deducting taxes.

C. In addition, on May 1, 2017, the date of the conclusion of the instant contract, the Defendant drafted a written confirmation of the following contents (hereinafter “instant confirmation”) to the Plaintiff.

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

2. The parties' assertion

A. The plaintiff's assertion is the duty to pay the plaintiff KRW 2,00,000 per member recruitment household as set forth in the letter of confirmation of this case to the plaintiff. Since 420 members are recruited, the plaintiff is obligated to pay the plaintiff a total of KRW 840,00,000 and delay damages.

B. The payment agreement based on the Defendant’s assertion of this case was based on the premise that the Defendant would receive remuneration under the instant contract from C, and since the Defendant did not receive remuneration from C, there was no obligation to pay the Plaintiff the agreed amount under the instant confirmation.

3. Determination. (a)

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