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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. On June 29, 2015, the Plaintiff’s Claimant Co., Ltd. entered into a sales agency contract (hereinafter “instant sales agency contract”) with Gojin Construction Co., Ltd. (hereinafter “Yjin Construction”) under the name of the Defendant to vicariously carry out the sales business of the E apartment located in Cheongju-si (hereinafter “instant apartment”) and to receive the price therefor. The Plaintiff and the Appointed Co., Ltd performed the said sales agency business.
The Plaintiff and the designated parties entered into an agreement on the division of fees (hereinafter “instant fee division agreement”) with the Defendant to divide the fee to be paid from two Jin Construction under the instant sales agency agreement as follows:
- The Appointed Francisor will receive 110,000,000 won (including surtax) under the sales agency contract of this case.
- The plaintiff will receive a sales agency fee within the limit of 650,000,000 won according to the sales rate.
- Appointed C shall receive a sales agency fee in accordance with the sales rate of KRW 150,000,000,000.
- The defendant shall receive the remaining money after deducting the above fees from the fees under the sales agency contract of this case.
Since the defendant was paid 7,00,000 won (=10,000,000 won - 33,000,000 won) to the Appointors, the plaintiff is obligated to pay 12,50,000 won (=(650,000,000 won x 0.25) - the amount already paid - KRW 50,000,000) to the Appointors C, 8,800,000 won [150,000,000 won x 0.25] of the amount already paid.
2. It is not sufficient to acknowledge that the entries of Gap evidence Nos. 3 through 5 alone made the instant sales agency contract in the name of the defendant, which is the Appointed Corporation, and there is no other evidence to acknowledge otherwise.
In addition, the defendant is the plaintiff and the defendant in full view of the purport of the whole argument in Eul evidence No. 10.