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(영문) 서울중앙지방법원 2011.10.07 2010가합33335
분양대행수수료 등
Text

1. The defendant shall be the plaintiff.

(a) KRW 662,767,743 as well as 6% per annum from February 3, 2009 to October 7, 201; and

Reasons

1. Basic facts

A. The relationship between the parties (1) The Defendant is the executor of the D Main Complex Redevelopment Project (hereinafter “instant project”) located in the Seoul Special Metropolitan City, Nowon-gu and three lots of land.

(2) The Plaintiff is a corporation for the purpose of a sales agency business, etc., and is a sales agent who directly takes charge of sales of commercial buildings among the above D main apartment complexes (hereinafter “instant commercial buildings”) after concluding a sales agency contract with the Defendant.

B. The Defendant started to carry out the instant project from March 2005. On August 14, 2007, the Defendant agreed to enter into a construction contract with the non-party A&S Co., Ltd. (hereinafter “A&S”) on the construction work for the D main apartment, manage all sales proceeds, such as the purchase price claim for the Si’s event, at the A&W Co., Ltd. as the contractor, and distribute profits at the time of settlement, and sell apartment and commercial buildings in lots at the time of settlement, and sell apartment and commercial buildings in lots at the minimum KRW 11,00,00,000, and distribute profits from the sale at least to 5:5.

(2) On August 25, 2007, the Defendant obtained a payment guarantee from A&C, and secured the instant project site, and started construction work from November 2007 by obtaining a loan of 25 million won,00,000,000 from the Non-Party National Bank as a project financing method.

D is a main complex apartment with the size of the 13th and the 3rd underground floor, and apartment and the 1st and the 1st underground floor with the 13th and the 1st and the 1st underground floor, and apartment parts have been sold to the first and second patrolmen in 2008.

(3) On April 30, 2008, the Defendant entered into a modified contract on the above construction contract with A&W container. The part of the commercial building is sold by the Defendant, but at least 10,000,000 won per square meter for the commercial building, and at least 5,00,000 won for the commercial building on the floor, and at least 5,00,000 won per square meter for the commercial building, and profits accrued from the sale of the building from the sale of the building is the Defendant, and instead, I&W container.

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