(영문) 서울중앙지방법원 2020.09.22 2019가단5191461

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(영문) 서울중앙지방법원 2020.09.22 2019가단5191461

손해배상(기)

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The non-party Co., Ltd. (the representative D; the “non-party Co., Ltd.”) (the “non-party Co., Ltd.”) undertaken the business of newly constructing and selling 15 households in the form of a detached house with the title of the E (road name address, Jeju F) large 6,936m2 on the ground of the 6,000m2 in Seopopo-si, Seopopo-si, Seopo-si (the “non-party Co., Ltd.”).

On October 25, 2017, Nonparty Company completed the instant canal wells and completed the registration of ownership preservation. On November 13, 2017, Nonparty H Co., Ltd. entered into a trust contract with Nonparty H Co., Ltd. (hereinafter “H”) and completed the registration of ownership transfer for the instant project site and other canal wells, and sold them through the sale unit event. Upon sale, Nonparty Co., Ltd. entered into the registration of ownership transfer for the instant project site and other canal wells, and completed the registration of ownership transfer for the building in the future.

B. Nonparty 1 entered into a contract with Nonparty 1 to pay KRW 30,00,00 to Nonparty Company with the amount of money for sales agency contract in order to sell in lots until April 2018 and to promote sales in lots, Nonparty 1 entered into a sales agency contract with Nonparty 1 to pay KRW 30,00,000 to Nonparty Company with the amount of money for sales agency contract in lots and to invite buyers to sell in lots, and if the sales contract was entered into with the amount exceeding the initial sales price, the excess portion of the sales price shall be paid as sales commission.

After the non-party I acquired the right of vicarious sale as above, the non-party I again requested the non-party I to pay the fees when the sale of the goods to the companies engaged in the sale business or brokerage business in Jeju-do, such as J (Representative K; hereinafter the “J”) and re-requested the sale advertising and the recruitment of the buyers.

The defendant is from JJ.

유사 판례

-서울중앙지방법원 2018.11.15 2018가합524479

-서울중앙지방법원 2015.08.13 2014고단3735

-대전지방법원 천안지원 2013.02.14 2012고단636

-제주지방법원 2018.09.13 2018나10203

-서울중앙지방법원 2016.05.13 2015가합536495