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(영문) 서울중앙지방법원 2018.02.07 2017가단5202
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On November 24, 2014, in order to acquire land within the "C, D District" in Jung-gu Seoul, Jung-gu, Seoul, which was designated as an urban renewal acceleration district by Seoul as the urban renewal acceleration district, the Plaintiff (the first two names were changed to the present trade name on April 30, 2015) entered into a real estate service agreement with the Defendant and four persons including the Defendant, etc. (hereinafter referred to as the “Defendant, etc.”) on November 24, 2014, in order to promote improvement projects under the Act on the Improvement of Urban and Residential Environments and Dwelling Conditions in the Urban Areas and Residential Environments (hereinafter referred to as “Defendant, etc.”) to purchase real estate for the Plaintiff, and the Plaintiff entered into a real estate service agreement with the four persons including the Defendant,

(A) Certificate No. 1, hereinafter referred to as “instant service contract”). [Article 2] The duty and scope of duty of “B (referring to four persons, including the defendant, etc.)” and the duties to be promoted by “B” are as follows:

The term "real estate subject to purchase" shall be six months from the date of conclusion of this contract for the service performance period of "B" under the name of the person designated by "A (referring to the plaintiff)" or "A".

Provided, That "A" and "B" may be extended by mutual agreement.

[Article 4] The service costs and payment terms ① The total service costs are KRW 3,460,000,000 per day ( KRW 3,460,000), and the service costs are KRW 1,00,000 per day.

(Purchase Areax 1,00,000) also includes all of the following:

Allowances for the exclusive personnel determined by "A"

(b) Actual expenses paid directly in connection with land contracting affairs (including operating and maintaining expenses of office) ② For the payment of service expenses, “B” must enter into a land transaction contract with at least 1/2 of “purchaseable real estate” and at least 2/3 of the number of consenters in the project area within six months after the conclusion of this service contract.

[Article 5] The time of payment of service charges (1) The following cases shall be met when Article 4(2) is met:

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