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(영문) 서울중앙지방법원 2016.11.09 2016가단5150124
계약금반환
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. On January 18, 2013, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a sales agency contract with E 25 households, which the Defendant Company sells on the ground of its implementation company, to the E 25 households, selling on the ground of its execution company, as follows (hereinafter “instant contract”). Defendant C jointly and severally guaranteed the obligation under the instant contract with the Defendant Company:

(A) A is the Defendant Company and the Non-Party Company B is the Non-Party Company) - Article 6 (Fees for Selling Apartment Units) 2) claims against A the amount calculated by subtracting the deposit of the subject matter from 70% of the initial selling price.

Article 7(Responsibility, Obligations and Rights) (1) Responsibilities, duties and rights of A in connection with the sale, publicity and marketing of this case are as follows:

1. Management of sales contracts and sales proceeds;

2. Lending an office for sale in lots;

3. Other various affairs necessary for the promotion of projects. (2) The responsibilities, duties and rights of Eul related to the vicarious sale of this case shall be as follows:

1. Obligations to make every effort to sell in lots early in good faith;

2. Bearing expenses for business activities, counseling services, etc. for attracting parcelling-out contractors;

3. Selection of human resources inputs and collaborative companies for sale in lots;

4. Burden of all expenses necessary for the performance of duties for the persons to whom Eul has invested.

1. The duty to make every effort to sell in lots for early sale in good faith;

Article 14 (Cancellation of Contracts, Termination of Contracts and Compensation) (2) B may cancel or terminate this contract in the following cases:

If a Party A intentionally interferes with the sale and purchase business of Party B, or has caused a significant trouble in performing the duties of Party B by neglecting the responsibilities and obligations prescribed in this contract, Party A shall compensate the party concerned.

The amount of compensation.

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