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(영문) 대구지방법원 2017.11.23 2016가합169
손해배상(기) 등
Text

1. All of the plaintiff's claims are dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries out real estate sales agency business, and the Defendant is a company that carries out the construction business of the “Etel” on the land outside Daegu-gu and two lots of land (hereinafter “instant officetel”).

B. On October 2, 2014, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with F, the following content that, with respect to the instant officetel construction and implementation project, the Plaintiff was directly in charge of the Defendant’s advisory and proxy business and received part of the sales price from the trust company and received 20% of the Defendant’s shares from the Defendant.

In implementing C Co., Ltd. (hereinafter referred to as "A") which is an executive company in the construction of a housing-type officetel in the Seo-gu Incheon Metropolitan City D (hereinafter referred to as "B"), the Co., Ltd. (hereinafter referred to as "B") shall enter into a PM contract with the following content on the basis of good faith and sincerity:

Article 1 (Purpose) In respect of the construction of a housing-type officetel in the Daegu City/Sgu D Metropolitan Government, the purpose of this Agreement is to ensure that “A” performs on behalf of “A” and to clarify its roles, scope of duties, service charges, etc.

Article 2 (Indication of Purchased Real Estate)

(a) Address: Article 3 of the Daegu City/Sgu and two parcels, both D;

(a) “A” must be submitted to “B” by means of a copy of all documents acquired in the course of purchasing and purchasing real estate referred to in Article 2. (b) “B”’s work “B” shall have the authority to exclusively delegate the work of “A” to “B” and shall act on behalf of “A” on the basis of gender and faith. The service cost of “B” in this contract shall be 3 per cent of “B” and “B” shall be 10 per cent of “B” on behalf of “A”.

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