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(영문) 서울남부지방법원 2020.06.12 2017가단222256

매매대금

Text

1. Defendant C’s each of the Plaintiffs’ KRW 8,282,191 and its related KRW 5% per annum from March 1, 2018 to June 12, 2020.

Reasons

1. Facts of recognition;

A. On October 8, 2015, the Plaintiffs and Nonparty E purchased four lots of land, such as Gangseo-gu Seoul Metropolitan Government F, as the broker of Defendant D, and entered into a partnership agreement with the content that a building (total of 15 households; hereinafter “instant loan”) was newly constructed and sold on the said land. Defendant D affixed a seal on the partnership agreement as the guarantor at the time of the construction of the instant loan, and the sales agency duty was performed when the instant loan was newly constructed.

(hereinafter referred to as “instant partnership business and sales agency contract”). (b)

The contents relating to this case in the above contract are as follows:

The total amount of loans, debentures, etc. of the G Bank shall be KRW 1.68 billion as the project cost, and the remaining amount after the purchase of the site (1.25 billion won) shall be appropriated for the construction cost of KRW 426.5 million, but the additional amount shall be jointly responsible and guaranteed by three persons at the time of borrowing.

The profits from the total sales after deducting the total purchase amount shall be divided by 1/3.

- Gross sales x total sales x total sales x total sales - total sales - total sales - total sales - total sales - total sales - total sales - total sales - total sales - total sales - all kinds of revenues, total construction expenses, various public charges, deposits for defects, bank and bonds interest, expenses for registration of certified judicial scriveners, business income tax reporting fees, business income tax, value-added tax, brokerage fees, and consulting expenses (see

Fees for the contribution to construction at the time of completion of the project shall be 120 million won for Defendant B and for Defendant A (Tantin), 85,000 won for dry-type construction, 60,000 won for damp-type construction, and 10,000 won for Defendant E (construction from the time of removal of the Gu building to the time of completion of the construction of the new building) unsold in lots, three persons are liable for each household.

A business plan attached to the same business contract - Total revenue of 1.68 billion won - New sale (for example), 195 million won x 10 households : 165 million won x 2 room for 10 households : 165 million won x total amount of 15 households x 2.75 billion won - total brokerage commission and consulting expenses.