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(영문) 서울중앙지방법원 2020.07.21 2019나53046
약정금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

2. The defendants are the defendants.

Reasons

1. The reasons for the acceptance by the court of first instance are as follows: (a) the term “the instant delegation contract” (hereinafter “instant delegation contract”) was amended by the second 18th 18th 18th 16th 5th 16th; and (b) the term “18,42,942 won” (including value-added tax) was added by each “the value-added tax”; and (c) the term “from the seventh 15th 15th 13th 13th 13th 13th 13th 13th 15th 15th 15th 15th 13th 13th

2. In light of the following circumstances, it is difficult to view that there is a special circumstance that the judiciary should recognize the exception to the principle of freedom of contract on the grounds that the agreed amount of remuneration unfairly exceeds the principle of trust and good faith and the concept of equity, and that there is any special circumstance that the judicial branch should actually change the terms of the contract. Therefore, the Defendants are jointly and severally liable to the Plaintiff for payment of the contingent remuneration of KRW 107,675,400 under the delegation agreement of this case - [1,740,00,00 for compensation agreed between the Defendant church and the association - KRW 663,245,975,00 for the previous value of assets appraised by the association - 10%, value-added tax 10,767,540 for any forest below KRW 10,742,942, and damages for delay.

o. In light of the fact that the period for filing an objection or filing a claim for cancellation of the management and disposition plan of the o church has passed, it seems that there was a low possibility of winning the case, and that in addition to determining the performance remuneration regardless of the failure of lawsuit, if the defendant church acquires the religious site, it is determined to pay 13 million won separate from the above performance remuneration. In light of the fact that the defendant church has a low possibility of winning the case, it is the delegation contract of this case to reduce the possibility of agreement with the union in the process of claiming confirmation of the invalidity of the management and disposition plan, etc.

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