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(영문) 울산지방법원 2017.08.17 2017가합168
대여금 등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 100,000,000 and Defendant C Co., Ltd. with respect thereto from January 10, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative director of D (the trade name was changed to E on December 3, 2015; hereinafter “D”) who is engaged in apartment sale agency business, etc., and Defendant B is the shareholder of Defendant C Co., Ltd. (hereinafter “C”) and the substantial representative.

B. 1) The F Area Housing Association (hereinafter “instant association”)

) The project that constructs 607 apartment units in the Nam-gu G G group in Ulsan-gu (hereinafter “instant housing project”).

(ii) the guaranteed deposit is 400,000,000 won, and the deposit is deposited in the Defendant C account.

2. D D shall deposit 200,000,000 won out of the guaranteed deposit after the completion of this Agreement with Defendant C, with the remainder of KRW 200,00,000,000,000, in cash, after the completion of the designation of the area where the goods are located.

(3) The time to return deposits shall be immediately refunded to Defendant C in cash after the establishment of the association is authorized.

Article 8 (Commission for Sales in Units, VAT Separate) (1) Conditions for the payment of sales fees shall correspond to one of the members who join the partnership (form of the contract).

② Defendant C shall pay to D 5,000,000 won per household as sales commission.

(3) Upon completion of 60% of the recruitment of union members and the remainder of the sale in general, sale fees shall be determined through consultation with Defendant C and D.

On February 11, 2015, Defendant C entered into a service contract with D for the sale of housing projects, and the relevant provisions regarding the guarantee deposit and the sales agency fee are as follows:

C. Defendant B borrowed KRW 200,000 from the Plaintiff on February 111, 2015, which read that “the Plaintiff shall borrow KRW 200,000,000, but the maturity shall be February 1, 2016,” and that “50,000,000 on April 28, 2015 shall be due and payable on February 1, 2016.”

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