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(영문) 서울중앙지방법원 2019.10.23 2017가합570390

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation F (hereinafter “F”) engaged in sales agency business, real estate consulting business, occupancy agency business, etc.

(2) The Defendant is a representative director of H (hereinafter “H”) who is a person engaged in a sales agency business under the trade name of “G”, and C is a representative director of H (hereinafter “H”) who is a company engaged in sales agency business, real estate consulting, occupancy agency business, etc.

E is a certified judicial scrivener, and D is a person who serves as a certified judicial scrivener in the office of a certified judicial scrivener.

B. 1) Co., Ltd. I (hereinafter “I”) to conclude a sales agency contract and conduct business affairs

) both Company J (former trade name: K, hereinafter referred to as “J”) and Company J, and hereinafter referred to as “C” in common with I.

2) The apartment of this case (hereinafter referred to as the “instant apartment”) shall be deemed to be an apartment of this case in Yongsan-gu, Yongsan-gu.

A) The construction of the instant apartment, which led to the failure of 142 households to move in due to the legal dispute or the lack of balance, and as a result, from March 2015, F continued a public auction procedure for the undeveloped households from March 2015. (2) From March 2015 to March 2, 2015, F entered into a contract with the contractor on behalf of the contractor for the re-sale and occupancy of the households subject to the public auction among the non-occupant households of the instant apartment complex and for the occupancy households to pay the balance in full. However, F entered into a contract with the contractor on the right to collectively purchase the remaining households if the re-sale and the occupancy did not take place within the contract period.

(hereinafter “instant sales agency contract”). 3 The Plaintiff agreed to carry out the instant sales agency contract with C and N through F and to distribute the profits therefrom to 1:11.

Accordingly, C dealt with the business of receiving the payment from the buyer of the re-sale and depositing the payment into M, and F dealt with the business of distributing the fees received from the contractor.

C again concludes an agreement with the defendant to act on behalf of the defendant as above.