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(영문) 서울중앙지방법원 2016.07.22 2015가단134694
대리사무보수지급청구
Text

1. The defendant shall pay 3,00,000 won to the plaintiff and 15% per annum from August 22, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 25, 2012, the Plaintiff (hereinafter “Plaintiff”) entered into a fund management agency contract (hereinafter “instant agency contract”) with the Defendant, a contractor, a corporation Etec Construction, a loan financial institution, and the Korea Urban Residential Housing and Living Facilities Construction Project (hereinafter “instant project”) under which sales revenue, etc. are deposited into the financial management account under the Plaintiff’s name and the execution of the funds at the request of the Defendant, etc. (hereinafter “instant agency contract”).

B. According to the instant substitute service contract, the Plaintiff’s substitute service period is 28 months from the date of conclusion of the contract, and the substitute service fee is 99,000,000 won (including value-added tax; hereinafter the same shall apply). The Defendant would pay the first down payment of KRW 11,00,000 at the time of the contract with the substitute service fee, the second down payment of KRW 22,00,000 at the time of the contract, the second intermediate payment of KRW 33,00,000 at the 25th day of the month of the first intermediate payment, and the remainder of KRW 33,00,000 at the time of settlement after completion of the contract.

C. Since then, the Korea Housing Guarantee Co., Ltd. had to manage the sales price, and the Plaintiff and the Defendant et al. agreed to guarantee the house of the sales price directly received under the Plaintiff’s name and to transfer the sales price to the Defendant’s joint account and manage it again to the Plaintiff’s account. On October 15, 2013, the Plaintiff entered into a contract for change of the agency business for financing management (hereinafter “instant change contract”), but the Plaintiff’s substitute fee was not changed.

The defendant paid 66,00,000 won in total to the plaintiff as an agent fee.

E. Meanwhile, the building resulting from the instant project (hereinafter “instant building”) was completed around March 19, 2015.

[Ground of recognition] Unsatisfy, each entry number of Gap evidence 1, 2, and 3.

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