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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion was concluded on October 7, 2013 by entering into a service agreement with the Plaintiff on the preparation of a project proposal for the selection of a person who installed and operated the facilities for collective location of venture businesses, as a result of the Defendant’s mediation. The Plaintiff sent a summary of the project proposal and a business registration certificate on October 5, 2013. However, upon the Defendant’s request to supplement the project proposal, the Defendant sent it to the Defendant on October 7, 2013, without unfairly entering into the above service agreement, including the fact that the contents of the project proposal are inadequate, while the Defendant was to obtain the right to conclude the project proposal and the above contract for collective location of venture businesses from the Plaintiff on October 7, 2013. Thus, the Defendant is obligated to pay the Plaintiff KRW 10,000,000 in return for the agreement.
B. In light of the above, it is acknowledged that the Defendant paid KRW 4,00,000 to the Plaintiff with respect to the preparation of the project proposal. However, it is insufficient to recognize that the Defendant’s testimony by the witness B of the first instance trial alone exceeds KRW 4,00,00,000, as alleged by the Plaintiff, as alleged by the Plaintiff, and there is no other evidence to acknowledge otherwise, the Plaintiff’s above assertion is justified only within the scope of KRW 4,000,000.
2. In conclusion, the Defendant calculated the annual rate of 5% per annum as stipulated in the Civil Act from February 5, 2014 to December 11, 2014, which is a date of the first instance judgment, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment, to the date of delivery of a copy of the complaint as to the Plaintiff’s agreed amount of KRW 4,00,000 as well as the date of delivery of a copy of the complaint.