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(영문) 청주지방법원 2020.01.31 2017가합202989

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 18, 2015, the Defendant, a corporation established for the purpose of housing construction business, etc., concluded a contract with F Co., Ltd. (hereinafter “F”), under which the construction cost is KRW 40.227 billion with respect to the new construction of a building on the ground of H “H” (hereinafter “instant officetel”).

On October 26, 2015, Defendant and F entered into a modified contract with the content of increasing the construction cost to KRW 41,395,661,000 regarding the said contract.

B. Around May 2015, Defendant and Defendant I (hereinafter “I”), F, and J Co., Ltd. (hereinafter “J”) concluded a management-type land trust agreement with respect to the instant officetel and its site, stating that the trustor is the Defendant, the trustee, and the first beneficiary as the J, and that the second beneficiary as F.

C. Meanwhile, on June 15, 2015, the Defendant’s representative director K established L Co., Ltd. (hereinafter “L”) for the sales business of the instant officetel.

On July 1, 2015, the Defendant entered into a sales agency contract with M Co., Ltd. (hereinafter “M”) under which the sales commission of KRW 4,170,000 per household is paid with respect to the instant officetel, and the Plaintiff A was in charge of the duties of the head of M.

E. After the filing of the instant lawsuit on November 201, 2017, the Defendant filed a complaint with the Plaintiff A as the crime of forging private documents and uttering of an investigative document against the instant commitment, and was indicted on November 29, 2019 by Daejeon District Court 201Da4625, which is currently pending in trial.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 4, 5, 36 (including the number number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. On August 26, 2016, with respect to the new construction and sale of the instant officetel between the Plaintiff A and the Defendant, the gist of the Plaintiff’s assertion was as follows: