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(영문) 광주지방법원 2020.02.13 2019가합51364
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff (former title: tentatively named) is a business that constructs a row house, etc. on a plot of land outside D and 33 lots in the Gun of Yannam-gun and Yannam-gun (hereinafter “instant business”).

(2) The Defendant is a company engaged in real estate development execution, sale and purchase, sales and sales, etc. (hereinafter “E”), and E (hereinafter “E”) is a company engaged in real estate development execution, sale and lease, etc. as the Defendant’s subsidiary company, and F (hereinafter “F”) is a company engaged in real estate development business.

B. (1) On July 3, 2017, the Plaintiff and the Defendant’s agency contract entered into between the Defendant and the Defendant, with the purport that the Plaintiff shall delegate the business of recruiting partners, etc. for the instant business to the Defendant and pay 12 million won per household in return for the delegation (hereinafter “instant agency contract”).

The contents of this case are as follows. The defendant shall act on behalf of the plaintiff and perform faithfully the following affairs in consultation with the plaintiff.

2. Review on feasibility and preparation of business plans by proxy;

3. Support for the business to select the designer and work executor;

4. Vicarious execution of affairs concerning applications for approval of project plans;

5. Operation of general meetings and support for duties of election management of executives;

7. Other matters prescribed by the Enforcement Rules of the Housing Act, such as support for operation of general meetings.

8. Other administrative affairs such as authorization, permission, etc. requested by the plaintiff. (3) When recruiting partners, the defendant shall not directly receive all money, regardless of the name of the member's contributions, business promotion expenses, etc., and the plaintiff, the defendant, and the contractor (including the prospective contractor) shall agree.

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