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(영문) 서울서부지방법원 2016.08.18 2015가합38088
보증금 등
Text

The defendant shall pay 461,200,000 won to the plaintiff and 15% per annum from November 26, 2015 to the day of complete payment.

Reasons

1. The facts below the basis facts do not conflict between the parties, or recognize Gap evidence Nos. 1, 6, 7 (including the Serial number; hereinafter the same shall apply) and Eul evidence Nos. 1, as a whole, the whole purport of the pleadings.

The plaintiff and the defendant are both companies engaged in real estate sales agency business, and the non-party C, the representative of the defendant, is the second words of the non-party D, the plaintiff's representative, and the non-party E, the defendant's actual representative, is the husband of the non-party F, the other party

B. On May 1, 2015, the Defendant entered into a contract (hereinafter “instant parcelling-out agency contract”) with the said G Regional Housing Association apartment (hereinafter “instant apartment”) to conduct the business of recruiting members (sale agency) between the non-party corporation, the agent company of the G Regional Housing Association, and the non-party corporation, the agent company of the committee for promotion of the G Regional Housing Association (hereinafter “water industry development”), and entered into a contract with the Plaintiff to again delegate the instant parcelling-out agency contract (hereinafter “instant parcelling-out agency contract”).

Accordingly, on May 7, 2015, the Plaintiff deposited KRW 150 million to the Defendant as a sales agency deposit amount.

C. From September 2015, the instant apartment building did not enter into a sales contract with 72 households among 786 households, including the conclusion of a sales contract. Ultimately, on September 10, 2015, the Plaintiff and the Defendant performed the sales contract on behalf of the Plaintiff and paid KRW 150 million to the Plaintiff’s employees, as well as KRW 150 million for the expenses incurred by the Plaintiff, and KRW 1.2 million for the sales fee to be paid to the Plaintiff’s employees. The Defendant’s E&Ppppppper (hereinafter “E&Ppppper”).

(2) The sales agency contract of this case between the Defendant and the Sung Industrial Development is cancelled when the sales agency fee of Daegu District is paid from the Plaintiff, 2) KRW 150 million deposited to the Defendant.

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