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(영문) 광주지방법원 2015.01.30 2014나53338
업무대행수수료
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The defendant asserts that the lawsuit in this case is unlawful as a lawsuit having defects in the standing to file a lawsuit against the defendant who is not the Gwangju Metropolitan City Building Association of Gwangju Metropolitan City (hereinafter referred to as the "Building Association"), which is a legitimate party, against the defendant who has already paid all legitimate agency fees.

However, in a performance suit, the plaintiff's standing as a party itself is nominal and the determination is absorptiond into the propriety judgment of the claim. Thus, since the claimant for his/her claim for performance is a legitimate plaintiff, and the person alleged as the obligor is a legitimate defendant (see Supreme Court Decision 94Da14797 delivered on June 14, 1994), the defendant's main defense of safety is without merit.

2. Judgment on the merits

A. A. Around June 2004, the Defendant asserted the Plaintiff entered into an agreement on the appointment, etc. of a building society and an architect acting as an agent in accordance with the former Building Ordinance of Gwangju Metropolitan City. Under the said agreement, the building society had the Plaintiff, etc. carry out an on-site investigation, inspection, and confirmation of the parcel, the Defendant shall pay the Plaintiff, etc. an agency fee as stated in the claim.

B. There is no dispute between the parties to the judgment, or according to the evidence Eul evidence 1, the defendant entered into an agreement on the appointment, etc. of an acting architect with a building society, and Article 2 of the above agreement provides that the defendant shall entrust the building society with matters concerning the appointment, designation, etc. of an acting architect and matters concerning the agency fee. Article 4 of the above agreement provides that the building society shall file a claim against the defendant for the agency fee, and the defendant shall pay the agency fee to the building society in accordance with the Building Ordinance of Gwangju Metropolitan City, and Article 5 of the above agreement provides that the building society shall designate an acting architect and notify the defendant thereof. Accordingly, the above agreement can be acknowledged.

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