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(영문) 대전지방법원 2017.09.14 2016가합101000 (1)

양수금

Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 247,50,000, and KRW 198,000,000, and each of the above amounts.

Reasons

Facts of recognition

Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a sales agency contract between the Defendants and E is a company established on August 17, 201 for the purpose of new construction, lease, sales, etc. of real estate, and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company established on November 4, 2004 for the purpose of real estate rental business, civil engineering, construction business, etc.

F is the representative director of Defendant C and Defendant D.

On December 10, 2014, the Defendants concluded a contract for the sale and purchase of neighborhood living facilities and the sale by proxy (hereinafter “first contract”) with the content that: G, H (hereinafter “G, etc.”) and the Defendants will purchase the entire commercial buildings (hereinafter “instant commercial buildings”) to be constructed by the L Commercial Complex Construction (hereinafter “instant construction”) executed on the Daejeon Pung-gu I, J, and K site (hereinafter “instant commercial buildings”); and KRW 1.1 billion (30 million for the first contract deposit; KRW 400 million for the second contract deposit; KRW 400 million for the second contract deposit; KRW 300 million for the second contract deposit; KRW 400 million for the intermediate payment; and the remainder shall be the amount excluding the down payment, intermediate payment, and the proceeds deposited with the Defendants; however, the Defendants shall be paid after settlement within three months after the completion of the remainder.

According to the terms and conditions of the first contract, the Defendants subsequently agreed to recognize the sale price determined by G, etc. to be entrusted with the sales agency of the instant commercial building and to change the name of the contractor for each commercial building whenever G, etc. requests, and the Defendants agreed to the G, etc. to pay the sales price exceeding 11 billion won under the first contract out of the total sale price to G, etc. as the sales agency fee.

(i) According to the terms and conditions of the above contract, if G et al. sets the sale price of the instant commercial building as KRW 15 billion, for example, by setting the sale price of the instant commercial building as KRW 11 billion, among them, belongs to the Defendants, and the remaining KRW 4 billion belongs to G et al. as a sales agency fee). G et al., to the Defendants, etc.