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(영문) 창원지방법원 2017.05.25 2016가합52937

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(b). b.

On May 15, 2015, the Plaintiffs entered into a contract with the Defendants on May 15, 2015, under which the Defendants recruited the buyers of the 12th floor units among the instant buildings (hereinafter “instant units”) to pay the sales commission to the Defendants in return for the recruitment of the buyers of the 15 units of the 12th floor units among the instant buildings (hereinafter “instant units”).

The main contents of the contract for the contract of this case (hereinafter “the contract of this case”) are as follows, and the plaintiffs and the defendants attached the list (the heading room, the number of units, the exclusive number, the unit price of sale, and the unit price of sale) of the defense room of this case to the contract of this case.

The separate IFur separate letter of sale - payment method * 10% of the down payment - 20% of the intermediate payment (payment after the opening of the fourth floor) - the balance 70% of the sales commission * 3% of the sales commission at the time of resale (payment at the time of completion) - the payment time of commission * separate payment at 500,000 won per square meter * the time of payment (payment at the time of a contract) - the processing of expenses under the name of the fee - the payment time (payment at the time of a contract): In consultation with the tax accountant in charge, the details of the sales contract - the account number (the account number of the plaintiff A is stated but omitted) - the down payment at 10% of the down payment on May 29 of this contract shall be deposited on the basis

C. On the same day, the Defendants paid 30 million won guarantee to the Plaintiffs pursuant to the instant contract, and commenced the recruitment of buyers of the instant heading room.

The Plaintiffs entered into the instant unit sales contract by May 29, 2015, and accordingly the contract deposit was paid. On June 1, 2015, the Plaintiffs returned KRW 30 million to the Defendants around June 1, 2015, and until September 2015, the Defendants paid KRW 643,038,220 as the sales commission under the instant contract.