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Reasons
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(영문) 부산고등법원 2021.01.20 2019나57124
용역비
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1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. In full view of the evidence presented to the court of first instance and this court’s quoted judgment, it is justifiable to acknowledge and determine the facts of first instance as to the remaining part except the part of the Plaintiff’s claim for return of KRW 100 million investment amount.

The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the first instance except for the dismissal as follows. Therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary parts] The 7th 2nd 2nd 2nd to 6nd 1st 2nd 2nd 2nd 2nd 3rd 2nd 2nd 20

Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 200,640,00 (=760 households ¡¿ 240,000 x 1.1 (value added) x 1.1) x 236 households sold in lots with the Defendant pursuant to Article 5(2) of the contract of this case.

“Defendant B” of the 8th 3 parallel, “Defendant B”, “C” of the 7 and 13th 7 and 13 “B”, and “C” of the 7 and 13th 13 parallel.

9.1.0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 ..

2) Next, we examine the arrival of the due date of the claim for investment amount.

A) As seen earlier, according to Article 5(2) of the Parcelling-out presidential agreement between the Defendant and H, and Article 3(2) of the instant agreement between the Plaintiff and the Defendant, the Defendant received KRW 500 million from H as to KRW 500 million when the membership recruitment was achieved at 50%, and KRW 200 million when 80% was achieved, respectively, and the Plaintiff is paid 50% of the amount when the Defendant received the deposited money as above.

In other words, when the defendant receives KRW 300 million from H by achieving 50% of the recruitment of union members, the plaintiff is paid KRW 150 million, and 80% of the recruitment of union members is achieved and the remaining KRW 200 million is paid.

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