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(영문) 대전지방법원 2017.12.21 2017가단212443
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 18, 2016, Plaintiff A entered into a service agreement with the Defendant on April 1, 2016, Plaintiff B, and Plaintiff C on March 2016 as follows:

(A) The term “A” and “B” mean the Defendant; hereinafter “instant service contract”). A and B enter into a service contract with respect to consulting, such as auction, intermediation of objects of public auction, and analysis of rights, and agree to comply with that contract.

Article 1 (Purpose) A shall request consultation on real estate to be purchased, and B shall provide the maximum services to A after reviewing all matters, such as the analysis of rights, etc. of the object, and B shall actively cooperate and respond to advice on all matters required for A to own real estate.

Article 2 (Consultation Fees) 33%, consulting fees shall be determined in consideration of the type, location, degree of difficulty in the analysis of rights, appraisal value, etc. of the goods requested.

Article 3 (Payment of Consulting Fees) A shall pay to B a contract bond of an amount not exceeding 50 percent of the amount prescribed in Article 2 at the time this contract is concluded, and the balance shall be paid on the date of the decision for successful tender.

Article 6 (Limitation of Duties of Section 6 (B) of the Contract Deposit 1,000,000 shall not request a bidding agency to Section 6 (Limitation of Duties of Section 6 (B), and Party A shall participate directly in the preparation of a bid list, and the payment of the contract price shall also be directly

Section 7 (Liability for Damages) In respect of any article consulted under this Agreement, Section B shall be liable to compensate for any pecuniary loss caused to A due to gross negligence.

B. The Plaintiffs are making an investment in the way of acquiring the right to collateral security from the KF, the mortgagee of the instant auction real estate, and paying profits by deducting the costs from the amount of dividends, with respect to the G auction case involving the Suwon District Court’s Seongbuk-si, Gyeonggi-do, and two parcels F (hereinafter “instant auction real estate”).

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