beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “D”) with the real estate sales business as its business purpose, and Defendant B is the representative director of E Co., Ltd. (hereinafter “E”) with the business purpose of developing and supplying residential buildings.
B. On September 13, 2016, E and D entered into a sales agency contract for the new construction of a lot of residential accommodation facility (hereinafter “instant building”) other than Pyeongtaek-si F (hereinafter “instant building”) (hereinafter “instant contract”). The main contents are as follows:
(‘A’ means E, “B” means D). Article 1 (Indication of Sale Objects)
1. Business name: New construction of living and lodging facilities;
2. Location: One parcel, including Pyeongtaek-si and F;
3. Object of sale: 47 households of the living and lodging facilities.
4. Total floor area: Article 3 (Scope of Sale of Building Units) of 1,922 square meters;
1.A shall, upon entering into this contract, grant to B the authority to act as a sales agent for the above marked real property.
Article 6 (Fee and Payment for Sale by Proxy)
1. The sales agency fee shall be KRW 13 million per household and shall be KRW 610 million in total for 47 households;
C. On June 7, 2018, the Plaintiff borrowed KRW 30 million from Company G (hereinafter “G”), and KRW 20 million on June 27, 2018, respectively, and each of the above loans was integrated into KRW 150 million on July 20, 2018.
From June 20, 2018 to May 20, 2019, the Plaintiff paid KRW 31,512,328 as interest on the said loan, and ② repaid KRW 20,400,000 out of the principal on May 28, 2019.
On July 24, 2018, H borrowed KRW 550 million from Company I (hereinafter “I”). From August 24, 2018 to January 21, 2019, I paid KRW 27,747,700 as interest on the loan.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 5, Gap 6-1, 2-2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. Defendant C, which is between Defendant B and the South branch, is practically the Plaintiff’s assertion.