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1. The defendant's KRW 13,761,871 and its amount to the plaintiff 5% per annum from April 23, 2020 to October 15, 2020 and October 16, 2020.
Reasons
1. On the ground that the Plaintiff received the agreed remuneration claim under the delegation contract entered into between C and the Defendant, on the ground that the Defendant sought the payment of the amount of the transfer money against the Defendant on the ground that C had taken over the agreed remuneration claim under the delegation contract entered into between C and C, the Defendant asserts that the Defendant’s lawsuit should be dismissed as violating the principle of trust and good faith or as constituting abuse of rights, by failing to file a lawsuit against all the parties despite having entered into a delegation contract with the parties, including the Defendant, and filing a separate lawsuit against each of the parties without filing a lawsuit for more than 10% of the necessary losses, such as having the parties, including the Defendant, bear excessive costs of litigation, etc.
However, as alleged by the defendant, it is reasonable to view that the mere fact that the delegation contract was concluded with many parties does not necessarily require all of the parties to file a lawsuit with joint defendants. Therefore, the defendant's above assertion is without merit.
2. Judgment on the merits
A. Basic facts 1) G Co., Ltd. (hereinafter “G”) operated by E and F, etc., including the sale of D buildings and the Defendant’s sales contract, concluded a sales-type land trust contract with H (hereinafter “H”) as a trustee from May 2016, when carrying out the implementation and sale of D buildings (hereinafter “D buildings”). G was designated as a sales agency.
B) On May 18, 2016, the Defendant: (a) each sales contract in which the sales price of D Building I is KRW 1,155,60,00,000; (b) the down payment of KRW 115,560,00; and (c) the first or fifth intermediate payment of KRW 115,560,00 (10% of the sales price); and (d) the remainder of KRW 462,240,00 (hereinafter “instant sales contract”).
AB concluded the agreement.
The defendant.