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(영문) 서울고등법원 2017.01.13 2016나2013220
용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic facts are: (a) the Defendant is a person entrusted with the construction of an officetel 535 households and a business consisting of 905 square meters (50 square meters in the upper place) (hereinafter “instant business”; (b) the building is “instant building”; and (c) treatment construction (hereinafter “treatment construction”) is a contractor; and (d) Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) is a contractor.

Upon entering into a contract for construction works on August 31, 201, the Defendant and Daewoo Construction agreed to enter into a contract for construction works, “The sales of the building of this case shall be performed by the Defendant, but treatment construction shall be performed by the Defendant on his/her behalf,” and “sale agency service contract” was concluded by treatment construction.

On June 2012, treatment construction entered into a sales agency service contract with the content that the sales agent is delegated to the office part of the instant building among the buildings in this case.

On July 30, 2012, the Defendant notified the Korea Asset Trust that it will hold the instant commercial building 101-104-4 commercial building without selling it to the extent possible after the completion of construction of the instant building.

C, D, and E remitted the following money to the Defendant’s bank account from August 3, 2012 to September 4, 2012:

C. The Defendant stated C. 50,000,000 won on August 3, 2012 on August 20, 2012, 200,000,000 won on August 3, 2012, 200,000 won on August 150, 2012, 20,000 won on August 30, 2012, 12, 203,245,00 won D 576,810,00 won on September 13, 2012, and KRW 576,810,00 won on August 13, 2012, KRW 93,832,50,000 on August 9, 200,000 on interest rate of KRW 30,000,000,00 per annum or interest rate of KRW 30,000 on August 38, 2012.

On January 30, 2015, a cash loan contract or a loan certificate as stated on January 30, 2015 was issued, and a real estate sales contract was prepared with the following contents:

The buyer's sale price for the object of the contract.

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