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(영문) 서울중앙지방법원 2019.08.22 2018가합541931
손해배상금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 394,931,507 and KRW 250,000 among them, and Defendant B shall be liable to the Plaintiff.

Reasons

Basic Facts

On March 27, 2013, the Plaintiff entered into a sales agency service contract with Defendant B (hereinafter “Defendant B”) on the following terms and conditions with respect to the sales agency service contract (hereinafter “each of the instant lands”) with respect to the 2,248m2,248m2 (hereinafter “each of the instant lands”) with respect to the 1m241m2 and 2,248m2 (hereinafter “each of the instant lands”). Defendant C jointly and severally guaranteed the Defendant B’s obligations under the said service contract.

Article 2 (Service Fees) of the Service Contract (Service Fees) If the sales contract is concluded in excess of 10 billion won after the Defendant B performed the sales agency service for each of the instant lands, the Plaintiff shall pay to the Defendant B the service fees of 10% exceeding the amount exceeding 10 billion won.

In order to clarify the contents, 11 billion won shall be paid 10% of the amount exceeding 10 billion won as service fees if the amount is 11 billion won.

Article 4 (Obligation of Defendant B)

1. If the sales contract amount does not exceed 10 billion won, Defendant B shall pay to the Plaintiff the shortage by September 30, 2013.

In addition, the additional tax shall be paid separately when the shortage occurs.

In order to clarify the contents, if the sales contract for KRW 97.5 billion is concluded, the defendant B shall pay KRW 2.5 billion to the plaintiff.

In addition, 8% interest per annum shall be paid from the date of the sales contract to the date of payment.

In addition, if Defendant B deposits the shortage after the lapse of September 30, 2013, he/she should bear interest in arrears of 12% per annum.

2. The joint and several sureties of the defendant B is jointly and severally with the defendant B.

On April 2, 2013, Defendant B entered into a land transaction consulting service contract with the FNN Housing Association (hereinafter “F Association”) established to purchase each of the instant land and construct multi-family housing. G entered into the said service contract with the FF Association pursuant to the said service contract.

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