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(영문) 대전지방법원 2015.05.12 2014가단48504
계약에의한 대금청구권
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On May 12, 201, the Defendant agreed to pay KRW 100 million to the Plaintiff when the Defendant received KRW 2 billion from the successful bidder due to the Plaintiff’s learning in the process of auction for the Plaintiff, licensed real estate agents C, real estate specialized companies soil (hereinafter “Plaintiff, etc.”) and for the E hospital located in D located in W in Syang-si.

B. The plaintiff et al. performed various duties in accordance with the above agreement, and as a result, the defendant is currently receiving benefits while working in the E Hospital.

C. Although the Plaintiff did not know exactly that the Defendant received the successful bidder's amount, the Plaintiff appears to have received a considerable amount of money. If the Defendant received the amount of money not exceeding two billion won from the successful bidder, the Plaintiff shall pay the equivalent amount of money in accordance with the agreement.

2. Determination:

A. According to the statement in Gap evidence No. 1, it is recognized that on May 12, 2011, the defendant agreed to pay KRW 2 billion to the plaintiff when the plaintiff, etc. and the plaintiff, etc. recovered KRW 1.75 billion in the auction process of the E hospital and paid it to the defendant. However, it is recognized that the defendant agreed to pay KRW 100 million to the plaintiff (or KRW 3.75% if the collection amount is KRW 1.5 billion (=15%) and KRW 1.4 billion if the collection amount is KRW 1.4 billion (=10%).

B. However, there is no evidence to prove the fact that the plaintiff et al. received money from the successful bidder in the process of auction at the hospital auction and paid it to the defendant.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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