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1. The Defendant (Counterclaim Plaintiff) paid KRW 47,300,000 to the Plaintiff (Counterclaim Defendant) and its payment from September 3, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On November 13, 2014, the Plaintiff entered into a real estate purchase service contract (hereinafter “instant service contract”) with the Defendant for the first time to provide the Defendant with services regarding the purchase, etc. of project sites for an urban development project being promoted in Seocho-gu Seoul Metropolitan Government (hereinafter “instant urban development project”) at KRW 374-110 of the Seocho-gu, Seocho-gu, Seoul (hereinafter “instant project”). Since concluding a contract with the Defendant to extend the contract term on several occasions between December 24, 2015, or to modify the terms and conditions of the agreement on basic service costs or contingent remuneration, and finally modified specific contents of the instant service contract are as follows.
(‘A’ means the Plaintiff, and “B” means the Defendant). The scope of the service subject to this service is subject to attachment 1, attachment 2, and attachment 3 and purchase of real estate in the business area owned by the association members of not less than 51 in total, and the prop work to secure voting rights under Article 5(3)(1).
Article 3 (Period of Service)
1. The contract term of this service shall be within two months after the conclusion of this contract;
Provided, That A and B may adjust schedule through mutual consultation, and B may not demand the increase of basic service costs even if the period is extended.
(2) On December 24, 2015, the term “A” has been extended to March 24, 2016 under the final amendment contract. 2. In the event that A is unable to raise funds for the purchase of the project site or fails to extend loans related to this project, this contract shall be automatically terminated, and B shall not raise an objection or charge any costs.
Article 5 (Service Fees and Time for Payment) A shall pay the amount set forth in this Article to B respectively under the same conditions as B.
1. Basic service costs: Seven thousand five hundred thousand won per month (excluding value-added tax);
2. Payment time of basic service costs: 60% 70% 80% 90% 100% 200 million won in sections every month.