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(영문) 서울중앙지방법원 2016.12.02 2016가합184
약정금
Text

1. Defendant (Counterclaim Plaintiff) Company B and Defendant C jointly and severally liable for KRW 700,000,000 to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On June 25, 2010, the Plaintiff entered into a real estate consulting service agreement with the non-party E (hereinafter referred to as the “non-party E”) that had promoted a housing construction project in the area located in the area located in the area located in the area located in the Namyang-si, Namyang-si, where the non-party E and his wife were owned by the non-party F and his children at the time, to purchase the land of approximately KRW 55,000 square meters for a total of KRW 2,60,000 per square year, and KRW 43,671,536,000 for total purchase price, and KRW 43,671,536,000 for a total of KRW 1,320,000 for service payment to the Plaintiff.

B. Meanwhile, Defendant B Co., Ltd. (hereinafter “B”) purchased land in competition with the non-party company in order to promote the housing construction project in the first place of the said zone. On August 12, 2010, Defendant B acquired the business right of the housing construction project and the land purchased by the non-party company, which was promoted by the non-party company in the first place of the said zone from the non-party company.

In the process, the representative director H of the non-party company introduced the plaintiff who had been engaged in the business related to the purchase of land owned by the F family to the defendant B, and on December 21, 2010, the plaintiff and the defendant B entered into a real estate consulting service contract with the plaintiff to pay the service cost of KRW 1,700,000,000 to the plaintiff, regardless of whether the contract was performed by the parties to the transaction.

C. On March 25, 2011, when the conclusion of a land purchase and sale contract owned by F Family members was imminent, the Plaintiff and Defendant B re-as an arbitration of FH.

Of the terms of the contract stated in the paragraph, the service cost shall be reduced to 1,100,000,000 won, and the down payment shall be KRW 400,000,000,000,000,000,000,000 shall be the time of payment of the remainder of the land.

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