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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
On November 24, 2003, E, including the conclusion of the instant sales agency contract, entered into a sales agency contract with the Defendant’s representative director, with respect to the F or M underground floor in Seongbuk-gu, Sungnam-si, and the commercial building of five stories above the ground level (hereinafter “instant commercial building”) (hereinafter “instant sales agency contract”), and E, as a special agreement, decided to change the name of E into the name of the corporation after the contract.
E established D Co., Ltd. (hereinafter “D”) on November 27, 2003, and thereafter D changed the parties to the pre-sale agency contract (E and C) into D and G on September 7, 2004 to the parties to the pre-sale agency contract (hereinafter “instant sales agency contract”) and entered into a sales agency contract with the Defendant (hereinafter “instant sales agency contract”).
Article 1 (Purpose of this Agreement) The purpose of this Agreement is to designate D and G as a seller for sale in order to efficiently promote the sales business for the commercial buildings of this case purchased by the Defendant, and to determine all matters related to the sales business.
Article 3 (Deposit for Sale by Proxy)
1. The security deposit for sales agency is KRW 1,000,000 (hereinafter “instant security deposit for sales agency”)
2. The return of the deposit for vicarious sale of commercial buildings shall be made at the end of returning it to D and G when 50% of the total amount of sales of commercial buildings is achieved;
Article 4 (Term of Contract)
1. The period of this contract shall be six months from the commencement date of sale to the end of six months;
(and even if the agreement between the defendant, the defendant, and the G is not extended, the period of such agreement shall be extended). Article 10 (Fees for Sale by Proxy)
1. The sales agency fee is eight percent of the total sales of commercial buildings;
(G) 6%, D 2%) D and G sold at least 50% of the instant commercial buildings by May 2012 under the instant sales agency contract.
On June 1, 2006, the prior assignment of claims for the refund of the deposit for the sale agency of this case transferred KRW 400 million among the claims for the refund of the deposit for the sale agency of this case to I, and notified the defendant of the above assignment of claims by content-certified mail on September 7, 2006, and around that time.