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(영문) 부산지방법원 2020.11.19 2019가단324066
약정금
Text

1. The defendant's KRW 34,404,675 as well as 5% per annum from April 23, 2020 to November 19, 2020 to the plaintiff.

Reasons

1. On the ground that the Plaintiff received the agreed remuneration claim under the delegation contract entered into between C and the Defendant, on the ground that the Defendant sought the payment of the amount of the transfer money against the Defendant on the ground that C had taken over the agreed remuneration claim under the delegation contract entered into between C and C, the Defendant asserts that the Defendant’s lawsuit should be dismissed as violating the principle of trust and good faith or as constituting abuse of rights, by failing to file a lawsuit against all the parties despite having entered into a delegation contract with the parties, including the Defendant, and filing a separate lawsuit against each of the parties without filing a lawsuit for more than 10% of the necessary losses, such as having the parties, including the Defendant, bear excessive costs of litigation, etc.

However, as alleged by the defendant, it is reasonable to view that the mere fact that the delegation contract was concluded with many parties does not necessarily require all of the parties to file a lawsuit with joint defendants. Therefore, the defendant's above assertion is without merit.

2. Judgment on the merits

A. Basic facts 1) G Co., Ltd. (hereinafter “G”) operated by E and F, etc. (hereinafter “D”) from May 2016, entering into a sale-type land trust contract with H (hereinafter “H”) as a trustee, while continuing to implement and sell the D building from May 2016. G was designated as a sales agency.

B) On July 4, 2016, the Defendant succeeded to the status of the purchaser of the sales contract concluded between I and H on May 23, 2016 with regard to D building J as the sales price of KRW 1,091,40,000, down payment of KRW 109,140,000, and the first or fifth intermediate payment of KRW 109,140,000, respectively (10% of the sales price, the balance of KRW 436,560,000, and the same as the two.

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