1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On August 2017, the Plaintiff, a company providing advertising information, entered into a contract for providing consultation on dance tendering (hereinafter “instant consulting contract”) with the Defendants who engage in advertising materials manufacturing business, etc. under the trade name “D” (hereinafter “D”).

The Defendants asserted that the validity of the instant consulting agreement cannot be recognized on the ground that the fee rate stipulated in the instant consulting agreement is too high and the date of preparation is not specified in the written agreement, and thus, it cannot be recognized as invalid in the Defendant’s side. However, this part of the Defendants’ assertion is rejected on the ground that such circumstance alone is insufficient to deny the validity of the instant consulting agreement.

B. According to the instant consulting agreement, the Defendants are to pay a successful bid fee in the event of a successful bid by using the publicly announced items provided by the Plaintiff. The successful bid rate is 30% of the margin in the case of goods and 7% of the contract amount in the case of outdoor advertisements.

(Article 4(1) and 5). [Article 4(1) and 5] [Ground for recognition: Fact that there is no dispute, entry of evidence No. 1, purport of the whole pleadings]

2. The plaintiff's assertion

A. The Defendants filed a claim related to the tendering in Incheon Metropolitan City on the basis of the Plaintiff’s introduction of services, such as the production of advertising materials awarded by E, etc. The Defendants paid KRW 2,548,038, which is 10% of the successful bid price ( KRW 45,480,380) in terms of such fees, and the Defendants paid KRW 2,00,000,038, among them. Thus, the Defendants should jointly and severally pay the Plaintiff KRW 2,548,038.

B. The Defendants filed a claim related to F&D tender did not pay the fees stipulated in the instant consulting agreement even if they were awarded a successful tender through the bid on November 3, 2017 and the bid information provided by the Plaintiff in the tender on December 26, 2017, which was ordered by F&D.

Therefore, the Defendants jointly and severally agreed with the Plaintiff on November 3, 2017, as the successful bid price of KRW 2,928,940 in relation to the tender of November 3, 2017.