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(영문) 수원지방법원 성남지원 2018.08.08 2017가단229429

손해배상(기)

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 40 million and Defendant B Co., Ltd. with respect thereto from March 30, 2018.

Reasons

1. Basic facts

A. The relationship between the parties (1) The plaintiff is a representative director D with the purpose of real estate agency business and development business.

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a representative director E with the purpose of management consulting business, real estate sale, lease agency business, etc.

(3) Defendant C practically operated Defendant B as a person who led to the following arrangements:

B. (1) around December 2015, Defendant C introduced that the representative director D of the Plaintiff, and that the school juristic person (hereinafter “GGA”) is a person eligible for preferential purchase of the F building that is being promoted by the sale of the FUT, AFC, and that the Defendant B was a company that purchased the instant real estate at the time of the purchase of the said real estate, and that it would manage the sales business and the sales proceeds. Since then, Defendant C proposed that the Plaintiff will act as a sales agent for the instant real estate if the Plaintiff had performed the performance bond.

(2) Ultimately, D and Defendant C concluded a sales agency agreement with Defendant B and the Plaintiff on March 11, 2016 (hereinafter “instant agreement”) upon purchasing the instant real estate before June 2016. The main contents are as follows, and Defendant C jointly and severally guaranteed Article 4(2) of the instant agreement.

The purpose of this Arrangement is to delegate the sale of real estate indicated above to the Plaintiff by Defendant B, and the Plaintiff is to accept it and perform it in good faith.

Article 2 (Method of Facilitating Affairs)

1. Defendant B, within three months of the conclusion of this Agreement, shall conclude this Agreement with the Plaintiff on behalf of the parties to the contract for the sale of goods in lots.

Provided, That if a contract for sales agency is delayed, it shall be conducted by mutual agreement between the defendant B and the plaintiff.

3. The plaintiff.