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(영문) 서울동부지방법원 2016.01.21 2015가단112062
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant’s sales relation to the B building is a “B neighborhood living facilities” comprised of 535 households of officetels and 905 square meters (50 rooms) (hereinafter “instant building”).

) It is an outsourced agent with respect to the sale of buildings in units, and treatment construction corporation (hereinafter “treatment construction”).

The corporation is the corporation, and the defendant is the Korean Asset Trust Co., Ltd. (hereinafter referred to as "Korean Asset Trust") which is the company entrusted with the implementation on July 30, 2012.

) As to the four rooms of 101 to 104 among the above commercial buildings, a mail was sent to the said four rooms to the effect that they will retain without selling them within the time the registration is possible after the completion of the building of this case (hereinafter the above four rooms are referred to as “Defendant-owned commercial buildings”).

2) Between Defendant and Daewoo Construction, the right to enter into a sales agency contract on the instant building was agreed to exercise treatment construction. Treatment Construction, as to the officetel part of the instant building, appointed the Plaintiff as a contracting party for sales agency, and as to the part of the instant building, the Plaintiff as a contracting party for sales agency.

3) On November 2012, the Plaintiff and Daewoo Construction entered into a contract for the sale agency service of the said commercial premises by setting the service performance period “six months after the date of issuance of the first sales contract from the date of the conclusion of the service contract to the date of the first sales contract” as “six months after the date of issuance of the first sales contract” and designating the sales agency fee as 6% of the value of supply (value-added tax separate) (hereinafter “treatment construction agency contract”).

(4) Meanwhile, on August 20, 2012, the Plaintiff and the Defendant prepared a sales agency contract stating both the performance period of duties and the sales agency fee rate in the public column, while the subject matter of sale is identical to “905 square meters in neighborhood living facilities.”

(hereinafter referred to as "Defendant's sales agency contract"). (b)

C, D, and E wired the following money to the Defendant’s account: (a) C (the sum of KRW 523,245,000) on August 3, 2012, KRW 200,000,000 on August 20, 2012.

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