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(영문) 수원지방법원 2015.10.15 2015나15655

약정금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. From November 201, the Plaintiff has been able to carry out the sales agency business of the unsold apartment units 118 households of the “C apartment units” located in Daegu Northern-gu E (hereinafter “instant unsold apartment units”), between the Plaintiff and the building company of brick mountain (hereinafter “building of brick mountain”) from November 201, 201.

B. The Plaintiff, along with the Defendant and D, intended to conduct the sales agency business of the instant unsold apartment units. The Plaintiff has overall control over the business of the relevant unsold apartment units, E reconstruction Association, etc., and the Defendant invested the down payment and managed the proceeds by proxy. D is in charge of actual sales as a sales agent, and the said proceeds are divided according to the distribution ratio between the Plaintiff, the Defendant, and D.

C. The F Co., Ltd. (hereinafter “F”) was established on February 15, 2012. At the time of the establishment, the Plaintiff was a representative director and the Defendant, but the Plaintiff resigned from the F’s representative director on April 24, 2012, and the Defendant was appointed as the representative director.

The sales agency agreement on the unsold apartment in this case was prepared on March 27, 2012 between the brick construction, completion construction, and F, and March 27, 2012. The main contents thereof are as follows: “(1) the sales agency agreement on the unsold apartment in this case has been completed for the 118 households in this case within the F period (til June 19, 2012), and if the remaining households have occurred after the end of the said period, the F will take over the remaining households en bloc. ② The sales amount by household to be paid by the buyer in this case shall be the amount discounted from the initial sales price to 36%. ③ The F would pay the down payment of KRW 600 million at the time of the contract.”

However, although the above contract for the sale of buildings in units was affixed with walls construction and F, the above contract for the sale of buildings in units was not concluded on the wind that the construction of buildings in units did not object to the discount sale and seal it.

E. Since then, construction of brickworks and construction of completion in the instant case around April 2012.