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(영문) 서울중앙지방법원 2019.09.20 2018가합564057
정산금
Text

1. The Defendant’s KRW 109,138,466 as well as 5% per annum from September 29, 2018 to September 20, 2019 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around April 2017, the Defendant entered into a sales agency contract with C (hereinafter “C”) on the D hotel newly built by C (hereinafter “instant hotel”).

1) A (Defendant, hereinafter the same shall apply) during the Dong business period

) J. B (the plaintiff, hereinafter the same shall apply)

The period of operation of the hotel shall be until the expiration of the period of sales agency for the hotel in this case (Provided, That in the event that there are reasons and circumstances to liquidate the partnership during the period of sales agency for the hotel in this case, the agreement with Gap may be terminated.

(ii) all expenses required for the period of vicarious sale of rights and obligations, and revenue, relationship of rights, obligations, etc. are jointly and severally liable with A and B.

3) Roles A shall focus on the sale of buildings in units and accounting management, and Eul shall have a focus on the business organization management and contract management, and fulfill its rights and duties. 4) Accounting accounts, such as the revenue and expenditure of the project for the management of funds, shall be unified into the accounts of E Bank Corporation, and shall prepare and share the accounting data on a monthly basis as of the end of each month.

B. On April 28, 2017, the Defendant entered into a partnership agreement with the Plaintiff to jointly carry out the sales agency business for the instant hotel (hereinafter “instant sales agency business”) and distribute the profits therefrom to 50:50 (hereinafter “instant partnership agreement”).

The contents of the instant agreement relating to the instant case are as follows.

C. During the process of jointly performing the sales agency business of this case under the instant trade agreement, the original Defendant decided to terminate the instant trade agreement under the agreement on October 31, 2017, and thereafter, the Defendant performed the sales agency business of this case by not later than December 31, 2017.

C. The original Defendant received each of the 509,500,000 won at the time of the termination of the instant partnership agreement, and the remainder of the earnings shall be settled by the final settlement after the completion of the sales of the instant hotel.

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