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(영문) 서울중앙지방법원 2018.11.16 2017가단5070805
손해배상청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 8, 2007, the Defendant, whose business purpose is the real estate trust business for the conclusion of the instant agency contract, entered into a contract with three financial institutions, including C Co., Ltd. (hereinafter referred to as “C”) and D Co., Ltd. (hereinafter referred to as “D”), which are affiliated with the so-called large group of owners, for the sales business of commercial facilities from the first to the third floor above the ground among the “F” on the ground of the Goyang-dong-dong Eth (hereinafter referred to as “instant real estate”).

The Fund Manager C (hereinafter referred to as the "A") and the Fund Manager C (hereinafter referred to as the "B") and the Defendant (hereinafter referred to as the "J 1") and the H Bank GD (hereinafter referred to as the "J 2") of the Financial Institutions G Co., Ltd. (hereinafter referred to as the "J 2") (hereinafter referred to as the "J 3") shall enter into an agency contract on the management of funds, such as sales revenues, (hereinafter referred to as the "this contract") with respect to the instant real estate sale business sold by the "A" (hereinafter referred to as the "the project"), as follows:

Article 1(Purpose of this Agreement) The purpose of this Agreement is to stipulate the roles of “A”, “B”, and “B” and “B” and the scope of duties and responsibilities necessary for the smooth sale of “this Project”.

Article 3 (Service and Duties) "A", "B", and "A" shall ensure that the roles, duties, and responsibilities falling under any of the following subparagraphs are faithfully performed:

(1) Roles and duties of “A”

(f) delegate “B” the receipt, management, and enforcement of project funds and proceeds from sale and support for the work thereof;

(h) the registration of transfer in the name of “A” and the simultaneous implementation of registration of security trust in the name of “B”, at the time of registration of initial ownership;

(k) Responsibilities for sale, such as conclusion of sales contracts, advertising for sale, and public relations.

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