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(영문) 인천지방법원 2018.04.12 2017가단228808

용역비

Text

1. The plaintiff's primary claim against the defendant International Asset Trust Co., Ltd. shall be dismissed;

2. Defendant.

Reasons

1. Facts of recognition;

A. On February 13, 2017, the Plaintiff entered into a sales agency service contract (hereinafter “sale agency contract in this case”) with Defendant K2 (hereinafter “Defendant K2”) with regard to the remainder of 137 units unsold in lots of the said apartment units, which is the executor company of the business of “the construction of the Siljin lus Apartment Complex” (hereinafter “Defendant K2”) on February 13, 2017. The period of sales agency is four months from the date of the contract (the period during which the contract period was extended to June 27, 2017). The first 40 households are 20,000,000 won per household, and the remaining 97 households are 13,00,000,000 or 15,000,000 won per unit under a fixed contract within two months after the contract for sales agency.

Fees shall be paid at 40% at the time of the contract and 60% at the time of the balance payment, and shall be paid within two weeks from the date of each claim and paid twice a month.

B. Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) is a trustee who has entered into a management-type land trust agreement with Defendant M&D, and the Defendant Drup Savings Bank (hereinafter “Defendant Drup Savings Bank”) is the first beneficiary. At the end of the instant sales agency agreement, the seal appears to be the corporate seal of the Defendant International Asset Trust and the Defendant Drup Savings Bank, respectively.

C. Upon entering into the instant sales agency contract, the Plaintiff agreed to deposit KRW 50,000,000 of the responsible sales deposit into the account of the Defendant International Asset Trust designated by the Defendant KM bargaining. Accordingly, on February 22, 2017, the Plaintiff deposited KRW 40,000,000 into the account of the Defendant International Asset Trust on February 22, 2017, and the remainder KRW 10,000,000 on March 21, 2017 upon the request of the Defendant KM bargaining.

As between March 2, 2017 and May 31, 2017, the Plaintiff 102 Dong 808, 101 Dong 903, 105 Dong 903, 102 Dong 709, 105 Dong 802, 103 Dong 905.