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(영문) 서울남부지방법원 2015.10.12 2015가합102249
대여금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 15, 2013, the Plaintiff entered into a sales agency contract with the Daejeon Urban Corporation on behalf of the purchaser of unsold land in the Daejeon-gu D and E-owned F logistics cluster, which is implemented by the Daejeon Urban Corporation, to receive 4.4% (including value-added tax) of the parcelling-out price by parcel from the Daejeon Urban Corporation, and sold the unsold land at that time.

B. On November 201, 2013, Defendant B, via the Plaintiff, decided to purchase the land unsold in lots from the Daejeon Urban Corporation (hereinafter “instant land”), 19,130.4 square meters of G factory site in Dong-gu, Daejeon, Daejeon. The Plaintiff suggested that Defendant B delegate the business of re-saleing the instant land to the Plaintiff by dividing it into lots.

Since that time, Defendant B consulted with the Plaintiff on the purchase of the instant land and the terms and conditions of the Plaintiff’s sales agency, and on November 26, 2013, the Plaintiff prepared a sales agency contract with the Plaintiff as follows:

(hereinafter referred to as the “instant sales agency contract”). The said sales agency contract bears the seal of the Plaintiff and Defendant B, and the Plaintiff’s seal affixed the seal. The Plaintiff’s seal affixed the Plaintiff’s sales team employee.

Article 2 (Scope of Sales Agency) Defendant B shall sell the instant land in lots executed by the Daejeon Urban Corporation in lots, and sell the land in lots, and the Plaintiff shall conduct prior publicity and advertisement for the sale of the instant land, pre-sale reservation and contract, and follow-up business.

Article 3 (Period of Contract and Commencement of Business) (1) The period of this contract shall be five months from the date of conclusion of the contract, and may be extended at the will of Defendant B.

② The Plaintiff shall commence business from the date when Defendant B entered into a sales contract for the instant land with the Daejeon Urban Corporation and paid the down payment.

③ The Plaintiff shall, under the responsibility of the Plaintiff, complete the sale of the entire land of this case within the period of this contract, and fully deposit the sale price.

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