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Reasons
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(영문) 부산지방법원 서부지원 2018.11.13 2017가단1361
약정금
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1. The Defendants jointly share KRW 89,802,123 against the Plaintiff and Defendant B with respect thereto from May 9, 2017, and Defendant C with respect to the Plaintiff on May 2017.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1, 9, 10, and 11 (including a serial number), together with the purport of the entire pleadings:

On May 28, 2015, the Plaintiff entered into an advisory contract (hereinafter referred to as “instant advisory contract”) with Defendant B, and the principal contents of the contract in relation thereto (hereinafter referred to as “instant contract”) are as follows. Defendant C signed and sealed the said contract as a guarantor.

Article 1 Real estate (hereinafter referred to as "object") to be operated by Defendant B shall be as follows:

1. Name of the building: (tentative name) D multi-family housing or officetels;

2. Location: Busan Staff-gu E.

3. Scale: 10 floors above ground.

4. Total floor area: 870.49 square meters;

5. Use: The method of determining the contract price for advisory fees by the Defendant B and the Plaintiff shall not be a fixed amount, but be 70% of the profits, excluding all the expenses, such as land price, construction cost, financial interest, etc., from the sale price, and 30% of the Plaintiff.

Provided, That where part of the sale is to be made on a whole or monthly basis without completion, it shall be 75% in defendant B, and the plaintiff shall be 25% in total.

(B)

B. Defendant B newly built a 9-story aggregate building on the ground of 193.9 square meters in Busan Seo-gu E, 193, and attempted to sell (sale) a total of 8 units of exclusive ownership (offices or housing), G, H, I, J, K, L, and M on each floor from 2 to 9 floors, but G, H 2 units were leased KRW 180 million in lease deposit, KRW 190 million in lease deposit, KRW 190 million in lease deposit, and the remaining 5 units were sold. The purchase price of each unit sold was KRW 230 million in lease deposit, KRW 2360 million in lease deposit, KRW 2350 million in K, KRW 250 million in lease, KRW 300 million in lease deposit, and KRW 260 million in lease deposit and KRW 300 million in lease, and KRW 260 million in lease or lease of each unit.

for the purpose of calculating the profit.

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