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(영문) 서울중앙지방법원 2021.02.09 2019나73699

중개수수료 등

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The plaintiff's appeal is dismissed.

Of the appeal costs, the part arising between the plaintiff and the defendant shall be the plaintiff's participation.

Reasons

1. The scope of services conducted on behalf of “A” with the authority delegated by “A” (Defendant)” under Article 3 (Scope of Services) of the Basic Facts is:

(a) All agent and management of the implementation affairs;

(b) Total agent and management of land purchase business;

2.1. The legal entity (title) of the affairs set forth in the subparagraphs of this paragraph is “A” or “A”.

3.1. Of the affairs set forth in the subparagraphs of paragraph 1, a legal act (e.g., preparation of a contract, rescission of a contract, etc.) done on behalf of “A” must obtain prior approval from “A”.

Article 8 (Liability of Party A)

2. “A” shall delegate the authority necessary to consult with and determine necessary matters on behalf of land owners, authorizing and permitting authorities, designers, and other third parties so that “A” may independently perform PM and agency services on behalf of “A”.

However, the legal act (e.g., preparation of a contract, rescission of a contract, etc.) conducted on behalf of “A” shall obtain prior approval from “A”.

A. On August 19, 2015, the Defendant entered into a contract with the Intervenor B (hereinafter “ Intervenor Company”) for PM and vicarious execution of the fire-fighting Dong Housing Construction Project (hereinafter “instant primary service contract”) (hereinafter “instant primary service contract”), and the main contents are as follows.

B. On August 24, 2015, the Defendant: (a) designated the Intervenor C (hereinafter “ Intervenor C”) as an agent, the representative of the Intervenor Company; and (b) drafted a power of delegation to delegate the authority to conclude a sales contract for the land and buildings of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

(c)

The Intervenor C, in the name of the representative director of the Intervenor Company, agreed on August 24, 2015 with the Plaintiff and the Plaintiff on August 24, 2015, as the Defendant’s representative, on the consulting contract and cost of KRW 200 million with the Defendant at the time of the conclusion of the contract prior to the purchase contract

I confirm that the total down payment of KRW 300 million is excluding KRW 100 million (T real estate).

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