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(영문) 서울동부지방법원 2017.09.07 2016가단101250
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is practically managing a non-party company as an internal director of a stock company E (hereinafter “non-party company”) with the purpose of real estate consulting, real estate sale, lease and management, real estate construction, etc.

Defendant C is registered as an auditor of the non-party company as his wife of Defendant B, and Defendant D is registered as the representative director of the non-party company as his wife of Defendant B.

Defendant B became aware of the Plaintiff through the introduction of Defendant C and the Plaintiff’s wife F.

B. With respect to the new construction of Hriart (condo 579 units and ancillary facilities; hereinafter “instant Lriart”) promoted on six parcels, the non-party company entered into an agreement with the Hriart Construction Promotion Committee on February 14, 201, regarding the instant Lriart, with the non-party company: “Around February 14, 2011, in cooperation with the Hriart Construction Promotion Committee, to construct and sell the instant Lriart.”

C. Around March 31, 2011, Nonparty Company entered into a sales agency contract with the Plaintiff on the instant resort, and its main contents are as follows.

(hereinafter referred to as the “instant contract”). Article 2 (Scope of Sale Business): The subsidiary business of the sales contract in accordance with the sales plan of the non-party company is the 80% of the sales in lots, the non-party company is responsible for the 10% of the sales in lots, and the 10% of the sales in lots shall be the sales in consultation with the non-party company with the nature of sales in lots.

At this time, 10% sales contract is a separate piece rate, and the non-party company pays additional fees to the plaintiff as piece rate rates.

Article 5 (Deposit and Time for Return of Sales Price)

1. The Plaintiff shall deposit KRW 100 million with the non-party company as the down payment deposited as a sales agency.

2. At the same time with the Plaintiff’s deposit of KRW 100,000,000, this contract is in nature and shall additionally deposit the remainder KRW 400,000 at the time of confirmation

3. The deposit for sales agency shall be refunded at the next day after three months from the date of sales contract.

4. When the additional deposit balance is not paid 400 million won, 20% of this Agreement.

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