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(영문) 서울북부지방법원 2015.02.17 2013나7514

손해배상(기) 등

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1. Defendant B’s appeal is dismissed.

2. Of the judgment of the first instance, the part against the Plaintiff and Defendant D Co., Ltd. is as follows.

Reasons

1. Basic facts

A. A summary of the construction of apartment-type factories 1) Defendant E-type factories in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant factories”).

As a new executor, on August 27, 2009, the F Co., Ltd. and the instant factory were to enter into a construction contract with the F Co., Ltd. with the amount of construction cost of KRW 23.7 billion (excluding value-added tax) on the new construction of the instant plant, and on September 3, 2009, the Asian Trust Co., Ltd. (hereinafter referred to as the “ Asian Trust”).

(2) On November 24, 2010, the Defendant Company concluded a contract on vicarious sales of the instant plant with the Intervenor G Co., Ltd. (hereinafter “Defendant Intervenor”). The Defendant Company vicariously performed the sales of the instant plant, and the Defendant Company paid to the Defendant Intervenor the amount equivalent to 10% of the sales amount (excluding value added tax on the portion of the building) of the goods actually sold to the Defendant, as sales commission (excluding value added tax) at the time of entering into the sales contract, 30% of the sales agency fee, 30% of the sales agency fee at the time of entering into the first intermediate payment, 30% of the sales agency fee at the time of depositing the sales contract, 30% of the sales agency fee at the time of depositing the sales contract, 30% of the sales agency fee at the time of depositing the remainder payment, 30% of the sales agency fee at the time of depositing the sales contract after entering into the sales contract, and the Defendant Company returned the down payment and the intermediate payment to the Defendant Company.

2 The plaintiff Nos. 107, 1101 among the factory of this case.