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(영문) 서울서부지방법원 2019.05.16 2018나2367
용역수수료
Text

1. The following amount among the part ordering the payment of damages for delay in the judgment of the court of first instance:

Reasons

A principal lawsuit or counterclaim shall be deemed to be a same.

1. Basic facts

A. On July 23, 2012, the Defendant acquired the right to construct an officetel from G Co., Ltd., which had conducted an officetel construction business on the instant land (hereinafter “instant land”) and the Plaintiff and B (hereinafter “Plaintiff, etc.”) for KRW 300 million.

B. On July 9, 2013, the Plaintiff et al. concluded a service contract with the Defendant on the instant site with the following content (hereinafter “instant service contract”).

C and H secure the site of this case as the site for the construction project of officetels, and perform all of the business affairs at H, and perform a service contract therefor.

The amount of the project site and the service fee specified in the above paragraph: 300 million won (Additional dues) shall be confirmed and sealed by both parties.

The client: the consignee (H): B and A

C. According to the instant service contract, the Plaintiff et al. performed all services to secure the ownership of the instant site (collection of land development consultation, terms of sale consultation among the owners, brokerage of conclusion of a sales contract, application documents for building permission, change of the owner’s name, and consent documents, etc.). On August 23, 2013, the Defendant newly constructed officetels on the ground of the instant site with permission from the head of Mapo-gu Seoul Metropolitan Government for construction of officetels, and obtained approval for use on March 31, 2017.

Plaintiff

In March 2015, the Defendant: (a) divided the service fee of KRW 300 million into the instant service contract; (b) paid the remainder at the time of the outstanding payment of the sales price of the instant project site; and (c) paid the remainder at the time of completion of the building on the instant project site; (b) provided that Plaintiff B, E, and F shall receive the said contract in installments at the rate of 3:3:2:2; and (c) the Plaintiff asserted that the said contract is a formal contract in accordance with the first instance trial; and (d) the Defendant asserted that the said contract is a written contract at the first instance trial.

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