The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

On March 11, 2015, the Plaintiff, a specialized maintenance business operator, entered into a business agreement with the Defendant to support the duties of the Defendant’s Promotion Committee until the inaugural general meeting is held, as shown in the attached Form with the Defendant.

(hereinafter “instant Convention”). After that, the Defendant discussed the issue of additional support with the Plaintiff, who was difficult to find out the conditions of promotion around 2016, and entered into a business agreement with Nonparty C (hereinafter “Nonindicted Company”) instead of the Plaintiff.

[Grounds for recognition] The defendant shall pay to the plaintiff the service cost of KRW 88,00,00 for the following reasons, on the grounds that there is no dispute, Gap evidence 1, witness D's testimony, and the purport of the whole argument by the plaintiff.

At the time of the agreement of this case, the original defendant made an oral promise to bear the costs of estimated contributions, cooperation in the management of partnership affairs, and administrative processing services.

Around April 2016, the Defendant unilaterally terminated the instant agreement, and around April 2016, the Defendant’s president paid the Plaintiff the service cost of KRW 80,000,000 (excluding value-added tax). Around June 1, 2016, the Defendant passed a resolution with the same content at an executive meeting.

Judgment

According to the agreement of this case, the plaintiff cannot claim service costs until the inaugural general meeting of the cooperative is held. However, there is no evidence to prove that the plaintiff agreed to bear the service costs by the defendant. Thus, the above assertion is without merit.

In light of the reasoning of the lower judgment as to the assertion, it is difficult to view that the non-party company agreed to pay a certain amount to the Plaintiff directly in the manner that the non-party company should pay a certain amount of money to the Plaintiff even if based on the statement made by the witness witness D, who had worked as a general secretary at the Defendant’s promotion committee, and that the Defendant’s executive meeting is not an official organization, and such facts were sufficiently known to the Plaintiff as the maintenance business operator.