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(영문) 부산고등법원 2019.03.27 2018나50201
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

The reasoning of the judgment of the court of first instance, which partially accepted the part of the judgment, is from "1. Basic Facts and Judgment 2.C. 1)" to "2. Invalidity of the contract of this case" to "2. 7. Beginning the first head of the judgment of the court of first instance" to "2. 12. 7. 7. 6. 6. 6. 6. 6. 11. 6. 6. 6. 6. 6. 7, which was submitted in the court of first instance, are the same as the corresponding part of the judgment of the court of first instance, and this shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 7. 2. 30 million won . 30 million won . 2. 30 million won . 16. 1. 2016 . 3. 3. 2016 . 2016.

However, according to the result of the fact-finding conducted by the court on H, the “fund management agency contract” related to the instant project concluded by E Committee, the Defendant, and H provides that if the Defendant has obtained a written consent for land use of at least 50% compared to the project site area, he/she may claim the agency service fee from H even before he/she approves the establishment of a regional housing association. In fact, the Defendant claims the agency service fee from H on April 15, 2016, and the same year.

8. A court may recognize the receipt of KRW 350 million on January 30, 2018 and KRW 60 million on January 30, 2018.

According to the above facts, the defendant should pay 300 million won to the plaintiff according to the contract of this case, and it should be deemed that the time to pay the above 300 million won arrives until December 31, 2016.

3 In the end, the Defendant’s obligation to perform the Plaintiff from January 1, 2017, as to KRW 300 million and KRW 100 million among the service costs under the instant contract.

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