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(영문) 수원지방법원 2015.04.21 2014가단41595
약정금
Text

1. The Defendant’s KRW 67,738,553 as well as the Plaintiff’s annual rate of KRW 5% from July 24, 2014 to April 21, 2015.

Reasons

1. Basic facts

A. From November 201, the Plaintiff has agreed on the housing unsold in lots between the building company of brick mountain (hereinafter “building of brick mountain”) and the 118 households of the apartment unsold in C apartment and C (hereinafter “instant apartment unsold in lots”) so that the Plaintiff may vicariously sell in lots.

B. The Plaintiff, along with the Defendant and D, agreed to conduct the sales agency business of the instant unsold apartment unit. The Plaintiff has overall control over the business of the relevant unsold apartment unit, E reconstruction Association, etc., the Defendant invested the down payment, managed the sales agency revenue on behalf of the Plaintiff, and D actually takes charge of the sales agency as the person in charge of the sales, and the said revenue was distributed according to the distribution ratio among the Plaintiff, the Defendant, and D.

C. (1) The F Co., Ltd. (hereinafter “F”) was established on February 15, 2012. At the time of the establishment, the Plaintiff was the representative director and the Defendant, but the Plaintiff resigned from the F’s representative director on April 24, 2012, and the Defendant became the representative director.

(2) On March 27, 2012, the sales agency contract for the instant unsold apartment on March 27, 2012 between the Company for Construction, Completion Construction, and F, was prepared. The main contents thereof are “(i) the sales agency contract for the instant unsold apartment in lots was completed for the instant unsold apartment 118 households within the F period (til June 19, 2012), and if the remainder of the household occurs after the end of the said period, F will take over the remaining households en bloc. (ii) The sales amount by household to be paid by the buyer for the construction of walls and completion of the said period is the amount discounted by 36% from the initial sales price.” (iii) The F would pay the down payment amount of KRW 600 million at the time of the contract.”

(3) Although the above contract for the sale of buildings in units was signed and sealed by the CF, the above contract for the sale of buildings in units was eventually not concluded because the construction of buildings in units did not oppose the sale of buildings in units at discount and affixed seals.

On April 2012, 66 households, among unsold apartments in this case, shall be located in around April 2012.

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