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(영문) 부산지방법원 동부지원 2017.02.02 2016가합101029
분양대대행공탁금 등 반환청구의 소
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 1, 2011, Ebiopid Co., Ltd. (hereinafter “Ebiopid”) entered into a joint agreement with a marine traffic major hotel, Inc. to jointly carry out a new project of constructing officetels on the Busan metropolitan Daegu C and D ground (hereinafter “instant officetel”).

B. On October 17, 2011, the NAE General Construction Co., Ltd. (hereinafter “NEM General Construction”) entrusted the instant officetel as a sales agent (hereinafter “instant sales agent contract”) entered into a sales agent contract with the Defendant to again delegate the instant officetel’s sales agent to the Defendant (hereinafter “instant sales agent contract”), and the part related to the instant case is as follows.

Article 5 (Deposit Money for Sale by Units)

1. The defendant shall have the status of the exclusive subscription business at the same time as this contract and shall pay KRW 500 million as the deposit money for the completion of the business as the account of E.I.D. executor designated by the N. N. N. Master Construction

2. The deposit money paid by the Defendant for the construction of the Neman General shall be returned in cash to the Defendant within fourteen (14) days after the completion of this Agreement by the office of 300 rooms for prior subscription (officetel and leman General Construction).

Article 8 (Cancellation and Termination of Contracts)

1. In the event that the Defendant falls under any of the following subparagraphs, the Nene comprehensive construction is entitled to terminate this Agreement and claim damages:

If the defendant violates this contract, or intentionally or by gross negligence causes damage to the damage to the property, such as defamation or property of the four comprehensive construction, the defendant shall be liable.

(b) Where the defendant suspends sales or interferes with sales without good cause;

(c) Where the Defendant entered into a voluntary contract or an act similar thereto without prior consultation with the Nene comprehensive construction;

(d) all the proceeds of sale from the buyer, etc. without the consent of the four comprehensive construction works.

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