(영문) 서울중앙지방법원 2019.04.24 2018가단32805

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(영문) 서울중앙지방법원 2019.04.24 2018가단32805

분양대행수수료 등

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1. The plaintiff.

Defendant C shall pay KRW 150,000,000 as well as 20% per annum from May 16, 2008 to the day of complete payment.

Reasons

1. Facts of background;

A. On September 18, 2003, the Plaintiff entered into a sales agency contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) and the Etel (288 rooms) located in Seocho-gu Seoul Metropolitan Government as a sales agency (hereinafter “instant contract”) to designate the sales agency deposit as KRW 100,000,000, fee for the sales agency as KRW 50,000,000, and around that time, paid KRW 100,000 as the sales agency deposit to Defendant B.

B. The Plaintiff performed the sales business under the instant contract and demanded the Defendant B to refund the sales agency deposit and pay the commission (hereinafter “fee, etc.”), but the Defendant B, without fulfilling this, will pay the Plaintiff KRW 150,000,000 on July 26, 2004.

“C” has drawn up a letter of payment with the content that “I will pay KRW 150,000,000 to the Plaintiff by March 17, 2006.” Accordingly, on March 10, 2006, Defendant C, the representative director of Defendant B, prepared and issued a letter of payment under his personal name to the Plaintiff.

C. The Plaintiff filed a claim against the Defendants for payment of fees, etc. under the instant contract with the court 2008Guj23638, and this court issued a payment order on May 1, 2008, stating that “The Defendants jointly and severally paid KRW 150,000,000, and damages for delay at a rate of 20% per annum from the day after the delivery of the original copy of the payment order to the day of complete payment.”

The payment order was served on May 15, 2008 to Defendant C, and on June 17, 2008 to Defendant B, and became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition of the Defendants’ obligation to pay fees, etc., the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 150,000,000,000 as well as damages for delay, barring any special circumstance.

B. The defendants' defenses, etc.

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