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(영문) 서울중앙지방법원 2015.09.24 2014가합38284
용역비
Text

1. The Defendant’s KRW 160,000,000 per annum for the Plaintiff and 6% per annum from March 13, 2014 to January 20, 2015.

Reasons

1. Basic facts

A. C’s attempt to sell and purchase the land 1) C is the Korean Bank (hereinafter “Korea Bank”).

() Through the head of the competent department D, the head of Busan Shipping Daegu E-gu, Busan 2,776 square meters, F 861.6 square meters, G 210.2 square meters (hereinafter “instant land”) owned by him/her in early 2013 through the head of the competent department D.

2) The Plaintiff, who had expressed his intention to purchase the instant land, sold the instant land to a third party, and owned by the third party adjacent to the instant land, the Busan Shipping Daegu Habro 509.3 square meters and Ixle 173.9 square meters (hereinafter “Adjoining land”).

(2) On March 2013, C leased the instant land to J Co., Ltd. (hereinafter referred to as “J”), and concluded a service contract with the executive director of K Co., Ltd. (hereinafter referred to as “K”) and M Co., Ltd. (hereinafter referred to as “M”), stating that the purchase of adjacent land would be entrusted to K Co., Ltd. (hereinafter referred to as “K”).

B. Around May 2013, the Defendant became aware of the fact that C intended to sell the instant land via D and around 46.5 billion won, and around that time, N Co., Ltd. (hereinafter “N”).

2) On June 26, 2013, N made it clear that N would succeed to the instant land lease agreement with J, by deciding to promote a business hotel development project on the instant land, and by deciding to set the terms and conditions of the purchase of D and the instant land through the Defendant, and giving notice to C on June 26, 2013, of the intention to purchase the instant land at a total of 46.5 billion won.

3) Around July 2013, the Defendant and N knew through D that C is promoting the purchase of adjoining land through a land services contract with K, and in that process, N promised C and C to proceed with the purchase of adjoining land through K in the event of the purchase of adjoining land in the future. 4) Accordingly, the Defendant committed the purchase with K and C in the Bank of Korea on July 29, 2013.

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