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(영문) 서울중앙지방법원 2018.10.17 2017가합579359
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a person who served as the representative director of C (C) a company aimed at real estate asset management service business (hereinafter “C”) (C was dissolved on March 17, 2017 and completed liquidation on June 8, 2017), and the Plaintiff is a person who conducts real estate consulting business.

B. Around August 2009, C entered into a consulting service contract for purchasing real estate (hereinafter “instant real estate purchase consulting service contract”) upon receiving a request for consultation related to the purchase of the land for a factory of 19,803 square meters (hereinafter “instant real estate”) from the Pacific-gu Seoul Metropolitan Government (hereinafter “the traffic”).

At the time, the defendant, who was the representative director C, requested the plaintiff to assist in the performance of the above consulting service at the time, who had worked as a real estate consultant, and the plaintiff performed consulting service for the sale and purchase of the land for factory of this case until July 2010 upon such request.

C. On July 2, 2010, C entered into a consulting service contract for the sale of the instant real estate (hereinafter “the instant consulting service contract”) with the head of E, who will own the instant real estate on the optimal condition, and the consulting service cost was set at KRW 2 billion.

With respect to the instant real estate on July 23, 2010, the registration of ownership transfer was completed in the future E due to the attribution of trust property on July 23, 2010, and the registration of ownership transfer was completed in the future due to the traffic trading on the same day.

E. C received, on July 23, 2010, KRW 2 billion as a consulting fee under the consulting service agreement for the sale of the instant real estate from E, and KRW 165 million as a consulting fee under the consulting service agreement for the purchase of the instant real estate from E, E, and from E, E, E, on the 26th of the same month.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3.

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