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(영문) 전주지방법원 2016.11.18 2015가합4657
부당이득금
Text

1. The Plaintiff:

A. Defendant D’s KRW 170,000,000 and for this, 5% per annum from October 13, 2016 to November 18, 2016.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a regional housing association under the Housing Act established for the new apartment construction business at the Fynsan-gu, Jeonju-si, and Defendant E was in office as the head of the Plaintiff’s association from September 2010 to June 2014. Defendant B, C, and D are the persons who entered into a sales agency contract with the Plaintiff, and among them, Defendant D is a person who is in office as an internal director of each company (referring to G and Gunsan-si, the head office of which is located at the time of G and Gunsan-si) engaging in the service business, trade business, real estate sales agency business, etc.

B. On April 15, 2013, the Plaintiff entered into a sales agency contract and paid fees. (1) On April 15, 2013, Defendant B, C, D, and Jeonju-si H apartment (hereinafter “instant apartment”).

2) As to the unsold housing unit 94 households, the sales agency contract for the unsold housing unit sales agency contract (hereinafter “instant sales agency contract”).

A. The main contents of the instant sales agency contract are as follows. Article 2 (Scope of Services of the Plaintiff, Defendant B, C, and D)

1. The scope of the business to be conducted by the Plaintiff is as follows:

1. Affairs of sales contracts and receipt of sales proceeds;

2. The scope of “services” to be performed by the Defendants is as follows:

(i)the sales strategy, the establishment and execution of advertising strategies 2) incidental research activities for sales business 3) all kinds of sales personnel 4) the sales consultation 5) other sales consultation 6) personnel expenses and operating expenses of sales employees 6) with respect to sales mediation and sales in lots;

3. The conclusion of a contract for the sale of objects and the management of the price for the sale of objects shall be handled only by the employees of the plaintiff or the plaintiff, and the above defendants shall not perform any act related thereto.

Provided, That the above Defendants may act on behalf of the Plaintiff at the request of the Plaintiff.

Article 5 (Fees for Sale by Proxy)

1. Division: 10 million won per household, and 10 million won per household: Taxes shall be settled collectively by the Plaintiff’s association;

2. Sales agency;

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