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(영문) 수원지방법원 2017.06.15 2016나67998
용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s real estate brokerage and consulting services contract 1) The Defendant is the land of three lots (319.74 square meters) (hereinafter “the instant land”), such as the land of Jung-gu Seoul Special Metropolitan City Do 957 square meters, D 1 square meters, E 100 square meters, etc. (hereinafter “the instant land”). Since the relevant land is all in the same Dong, it is specified below the parcel number.

(2) The Plaintiff, as the representative of F office, is engaging in real estate consulting and trading.

3) On October 31, 2014, where the Plaintiff sells the instant land to a purchaser for KRW 2,557,920,000 with respect to the instant land brokerage and consulting services, the Plaintiff is a real estate brokerage and consulting service contract (hereinafter referred to as “the instant primary service contract”) with the Defendant for a fixed period of three months from the date of the contract, after deducting the amount of KRW 2,398,920,000, which is calculated at an annual rate of KRW 7,500,000 from the purchase price, and deducting the amount of KRW 1,59,000,000 from the purchase price.

Upon entering into a sales contract, 50% of the service costs is paid at the time of the conclusion of the sales contract, the remaining 50% is paid at the time of the remainder, and the Defendant agreed to pay the Plaintiff the full amount of the service cost, even if the sales price is changed at the buyer’s request. B. A consulting service contract between the Plaintiff and the Defendant and the Plaintiff Company, which operates the consulting company “H” (hereinafter “G”) and the representative director of the G Co., Ltd. (hereinafter “H”) notified the J of the intent to purchase the instant land.

2) The J demanded the Plaintiff to divide half of the Plaintiff’s service payment to the Defendant. Accordingly, the Plaintiff’s consent and request the Defendant to sell the service payment between the Defendant, the Plaintiff, and the G in KRW 2,57,920,000 to the buyer of the instant land on April 19, 2015, the Plaintiff and G sold the instant land in KRW 139,00,000 (value-added tax is a separate value-added tax, and real estate brokerage and consulting to implement the real estate sales contract until April 30, 2015.

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