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(영문) 대전고등법원 2015.07.23 2014나11138
회사에 관한 소송
Text

1. It includes the Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim that was changed from the trial.

Reasons

1. The reason why the court uses this part of the basic facts is "1. Basic Facts" among the reasons of the judgment of the court of first instance, except that the part of the fifth to fourth is changed with the indication of "1. Basic Facts" under the following subparagraphs:

(c) paragraphs (a) through (c);

Since the part of the port (from No. 4 to No. 5) is the same as that of the main sentence of Article 420 of the Civil Procedure Act, it shall be quoted as it is in accordance with the main sentence of Article 420 of

1) On April 3, 2012, the Defendant issued a public notice of recruitment for the part of the city-type residential housing unit D from the Seoan City on April 3, 2012, and completed the sale advertisement after obtaining approval for the public notice of recruitment.

On the other hand, from March 12, 2012, the Plaintiff prepared for the sales agency business from around March 12, 2012, and began to conclude the sales contract on behalf of the Defendant from April 8, 2012.

A person shall be appointed.

2. As to the cause of the principal action

A. In light of the aforementioned evidence as to the claim for the sales agency fee under the instant contract, the Plaintiff concluded a sales contract on behalf of 159 households among D total 483 households (149 households and 10 households of office-type residential housing units) from April 8, 2012 to July 10, 2012, based on the overall purport of the pleadings as a whole on the testimony of the first instance witness F, the first instance court witness F, and the first instance court witness I, as a whole, on the part of the evidence as to the part of the claim for the sales agency fee under the instant contract (including number 149 households and 10 households of office-type residential housing units), the Plaintiff concluded sales contract on behalf of 159 households among D total 483 households (149 households and 10 households of office-type residential housing).

(B) The Defendant asserts that the Plaintiff entered into a sales contract with D 154 households until July 6, 2012 only on behalf of the Plaintiff, but in full view of the evidence and the witness witness H’s testimony, it can be acknowledged that the Plaintiff or its employees entered into a sales contract with 159 households by July 10, 2012 on behalf of the Plaintiff or its employees for the performance of their duties). According to such facts of recognition, the Defendant is a sales agency fee for the Plaintiff, which corresponds to 159 households under the instant contract, 640.

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