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(영문) 서울북부지방법원 2013.10.22 2012가단46238

손해배상(기) 등

Text

1. Defendants B and C: 24,866,788 won to each Plaintiff; Defendant B and C, from November 15, 2012, and Defendant C, from November 2013. < Amended by Act No. 11613, Mar. 23, 2013>

Reasons

1. Basic facts

A. Summary of the instant apartment-type factory construction business 1) Defendant Company is Yeongdeungpo-gu Seoul Metropolitan Government E-type factory (hereinafter “instant factory”).

(2) On August 27, 2009, as an executor of the new construction of the factory of this case, the F Co., Ltd. and the company entered into a contract for construction with 23.7 billion won (excluding value-added tax) as to the new construction of the factory of this case. On September 3, 2009, the company entered into a management-type land trust contract with the Asian Trust Co., Ltd. on the new construction of the factory of this case. (2) on November 24, 2010, the company entered into a contract for the sale of this case with G Co., Ltd. (hereinafter referred to as the "non-party Co., Ltd.") on an agency for the factory of this case. The non-party Co., Ltd. shall carry out the sales business of this case on behalf of the non-party Co., Ltd., and the company shall pay an amount equivalent to 10% of the sales revenue (excluding value-added tax on the portion of the building) as sales commission for the factory of this case.

2. Of the instant factories, the Plaintiff concluded a sales contract under the name of Nonparty H with respect to 107, 1101, 1102, and 1104 through 10, and deposited KRW 215 million with Defendant C’s deposit account on December 28, 2010. Defendant C deposited KRW 27.5 million with Defendant Company’s national bank account on the same day. On December 31, 2010, Defendant C deposited KRW 27.5 million with Defendant Company’s national bank account, and on December 31, 2010, Asia trust, a trustee of the instant plant construction project.