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(영문) 서울중앙지방법원 2017.12.07 2016가합566202

보증금 등 청구의 소

Text

1. Defendant C Co., Ltd.: (a) KRW 150,000,000 to Plaintiff A Co., Ltd.; and (b) KRW 150,00,000 to Plaintiff B and each of the said money.

Reasons

1. Basic facts

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company established for the purpose of carrying on real estate sales agency business, etc., and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established for the purpose of carrying on the construction execution business, etc., and Defendant D is a person who operates E and F (hereinafter “F”) and carries out the sales agency business.

B. Defendant C carried out the “project for constructing a new apartment unit for H urban development project” (hereinafter “instant project”) with the content of constructing a new apartment unit for 2,200 households in Yeonsu-gu Incheon Metropolitan City G, and delegated Defendant D with the affairs of selling apartment units by proxy around October 2014.

C. Defendant D proposed that the Plaintiff, a specialized company for the sale of buildings in units, will succeed to the sales agency business, and that the sales agency will have the sales commission to be paid by Defendant C in the future. The Plaintiff accepted this.

On May 8, 2015, Defendant D entered into a sales contract with Plaintiff A with the following terms and conditions.

(2) The purpose of Article 2 (1) of the sales contract of this case is to ensure that the sales contract of this case is jointly concluded with Defendant D and Plaintiff A by succeeding to the sales contract of this case to the Plaintiff, which is a specialized sales company, the execution company of the project of this case. The purpose of Article 2 (1) of the sales contract of this case is to ensure that Plaintiff A and Plaintiff A pay KRW 300 million to Defendant C, and Plaintiff A and Defendant D can successfully carry out the sales contract of this case.

Article 3 (Scope of Rights and Obligations under Business Agreements)

1. The rights and obligations of Defendant D (1) The Defendant D succeeds to the term sale contract after the conclusion of the contract.