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(영문) 서울중앙지방법원 2015.05.20 2014나22856
약정금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

Facts of recognition

On July 11, 2012, the Defendant delegated the Plaintiff with the duty of re-appraisal, acceptance interest, and administrative litigation on the land owned by the Defendant, which was incorporated into the Goriguri Construction District by the first instance court.

(hereinafter “instant delegation agreement”). The performance remuneration stipulated in the instant delegation agreement is equivalent to 5% of the increased remuneration in reappraisal (the value-added tax is added; hereinafter the same shall apply), the amount equivalent to 10% of the increased remuneration in the adjudication of acceptance, and the amount equivalent to 15% of the economic profit in the administrative litigation. The Defendant shall pay the Plaintiff the performance remuneration immediately upon receipt of the increased compensation, etc. in each of the above stages, on condition that the payment is delayed, an agreement was made to pay the interest in addition to the interest calculated at the rate of 20% per annum from the 10th day after the date of receipt thereof.

On May 30, 2012, the Plaintiff, in accordance with the delegation agreement, processed the administrative affairs, such as submitting a written opinion on the application for adjudication of expropriation to the Central Land Expropriation Committee.

On September 25, 2012, the Defendant notified the Plaintiff that the instant delegation contract will be terminated.

On November 16, 2012, the Central Land Expropriation Committee decided the compensation for the land owned by the Defendant at KRW 393,880,530, which was the initial appraisal value, to KRW 25,230,530, which was increased by KRW 419,11,060.

On May 10, 2013, the Plaintiff sent a notice to the Defendant demanding that the amount of 2,775,358 won (including value-added tax) equivalent to 10% of the increased compensation from the Central Land Expropriation Committee be deposited into the Plaintiff’s account.

[Reasons for Recognition] The plaintiff's assertion that there is no dispute over Gap's evidence Nos. 1 through 4, Gap's evidence Nos. 5 and 6's evidence Nos. 1, 2, Gap's evidence Nos. 7 through 23, Eul's evidence No. 1-1, and Eul's claim for a gold agreement purport of the whole pleadings, and the plaintiff's assertion that the defendant shall pay to the plaintiff 2,75,358 won and delay damages.

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