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(영문) 울산지방법원 2016.11.30 2015가합3927
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In fact, the plaintiff and the defendant are companies that engage in real estate sales agency business, such as the sales agency contract related to the Ulsan-si apartment complex.

In the absence of dispute, Empid Co., Ltd. (hereinafter “ Empid”) promoted a new construction project of a major complex apartment (hereinafter “instant apartment”) at the Ulsan Metropolitan Park District Housing Association. However, Empid and the Plaintiff concluded a contract with Empid to sell the instant apartment to the Plaintiff on January 9, 2014. On January 9, 2014, the Plaintiff and the Defendant entrusted part of Empid’s sales to the Defendant, who received a sales agency fee from Empid, and entered into a contract with the Plaintiff to allocate it by one-half.

A. The certificate No. 10, No. 11, No. 11, No. 1, and No. 1, A. A. The execution company of the new apartment construction project received money in the form of security deposit from the sales agency and returned it to the sales agency upon the completion of the new apartment construction project. The Plaintiff paid Emard 400,000,000 won for the land agreement and project promotion expenses necessary for the new apartment construction project of this case (hereinafter “the instant security deposit”).

The Plaintiff, on November 27, 2013, remitted KRW 250,000,000 to Edidy, and on January 9, 2014, remitted KRW 150,000,000 from the Defendant to Edidy.

Meanwhile, out of KRW 150,000,000 remitted by the Defendant, KRW 75,000,000,000, which was the money created by the Defendant to introduce the Defendant to the Plaintiff in relation to the sales business of the first apartment in this case.

The evidence No. 2, No. 3, the witness A, and the defendant. The plaintiff and the defendant lend 150,000,000 won to the plaintiff on January 9, 2014 for the land agreement and project promotion expenses of the first apartment construction project of this case.

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