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(영문) 서울남부지방법원 2014.05.15 2013가합2659

투자금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the period from April 13, 2012 to April 3, 2014.

Reasons

1. Basic facts

A. The Plaintiff is the actual representative of D Co., Ltd. (hereinafter “D”), and Defendant C is the actual representative of E Co., Ltd. (hereinafter “E”).

From around 2010 to E, Defendant C had been engaged in the development project (hereinafter “instant development project”) in the Wandong-gu F (hereinafter “instant land”).

The indication of the object of a contract [the location of real estate: Filwon-gu in Ansan-gu] in relation to the sale of the object of the contract as mentioned above, E who is the client for the sale and D who is the sales agent shall enter into a sales agency contract as follows:

(1)(Purpose of this Agreement) The purpose of this Agreement is to facilitate the smooth implementation of projects and to ensure the stability of the projects concerned through professional planning and marketing activities on behalf of D to carry out the affairs of sale (including subscription, lease, sale in lots and affairs incidental thereto) incidental to the development projects of the above-mentioned objects.

Article 2 (Scope of Business) E shall, at the same time as this contract is concluded, grant to D the authority to sell the object.

Article 5 (Period of Performance of Duties and Commencement of Sale) (1) The period of performance of duties of D shall be as follows:

1. Date of commencement: The date when a contract for the parcelling-out business is concluded;

2. Date of completion: (2) The date of commencement of sale by lots shall be the date when a contract for sale by lots is concluded;

Article 7 (Fees for Sale by Proxy) (1) The sales commission shall be paid according to the following classification based on the actual selling price, excluding value-added tax on an object:

(hereinafter omitted) Article 9 (Claims and Payment of Fees) (1) The claims and payment of fees for the sale of buildings in units shall be made twice a month, and E shall pay them within 14 days from the date of the request after verifying the details of D's claims.

(hereinafter) Article 10 (Deposit for Performance of Contract) (1) D shall, in principle, pay KRW 300,000,000 to E in cash at the time of the conclusion of a contract.

(2) Deposit for performing a contract under paragraph (1) shall be as provided in Article 16.