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(영문) 서울중앙지방법원 2019.09.06 2019가합504526
약정금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On September 15, 2015, the Plaintiff and C Co., Ltd., the purpose of which was to conclude a sales agency contract for the sales of the instant hotel, concluded a sales agency contract for the instant hotel (hereinafter “instant agency contract”) with C Co., Ltd. (hereinafter “C”) (hereinafter “instant hotel”).

The contents of the instant contract related to the instant case are as follows.

The "B" in the contract for the vicarious execution of a sale services contract: Article 2 of the A [the scope of business affairs] ① The "B" shall delegate the business affairs of the sale of the object to "B" and the "B" shall perform the sale affairs in accordance with the terms and conditions set forth in this contract.

Article 7 (Fee and Method of Payment for Selling in Lots) (2) The sales agency fee shall be paid in installments according to the payment method of the sales price.

At the time of the payment of down payment (10%) the first fee shall be paid in the amount of 11,500,000 won per day (Won 11,50,000).

(b)The indication of the loan term of the part payments (60%) bank, and the second fee shall be paid in the amount of three million Won (Won 3,500,000);

B. C and the Defendant entered into a trust agreement and a modified contract on February 16, 2016, upon entering into a sale management trust agreement with the Defendant for the instant hotel, but on February 23, 2017, entered into a contract to amend the said sale management trust agreement to a management-type land trust agreement (hereinafter “management-type land trust agreement”).

The details of the management-type land trust agreement relating to this case shall be as follows:

The Management-type Land Trust Contract Co., Ltd. (hereinafter referred to as the "Entrusted Person"), B Co., Ltd. (hereinafter referred to as the "trustee"), and E Co., Ltd. (hereinafter referred to as the "City Co., Ltd.") shall conclude a management-type land trust contract (hereinafter referred to as the "trust contract") as follows:

Article 14 【Project Owners, Liability Matters, etc.】 (1) A trustee shall have the rights and duties as a project owner or project owner within the scope of trust property.

(2)

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