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(영문) 창원지방법원 2019.01.17 2018가합50812
보증금반환
Text

1. The Defendant: (a) KRW 381,950,000 for the Plaintiff and 5% per annum from February 28, 2018 to January 17, 2019; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff is a company that operates a real estate sales agency business, etc., and the Defendant is the executor of the Yongsan-gu, Changwon-si C commercial building (hereinafter “instant commercial building”).

B. On March 15, 2017, the Plaintiff entered into a sales agency contract and a sales agency supply contract between the Plaintiff and the Defendant (hereinafter “each of the instant real estates”) with the Defendant, 16 units unsold in lots in the instant commercial buildings (D, E, F through G, H, I, J through K, and hereinafter “each of the instant real estates”).

As to the purchase-type sales agency contract with the amount of 6,843,200,00 won and the amount of 684,320,000 won and the amount of 684,320,000 won (hereinafter “instant sales agency contract”).

The main contents of the contract are as follows. The Defendant and the Plaintiff, the executor of the commercial building of this case, as the sales agent, enter into a sales agent contract on each of the real estate of this case as follows. The sales price of each of the real estate of this case is the amount corresponding to the column for the supply price in the attached Table 1. Article 2 (Scope of Sale Business) shall, upon entering into the sales agency contract, delegate to the Plaintiff the authority to sell each of the real estate of this case, such as sale, publicity, advertisement, consultation, field guidance, etc. (Provided, That the Defendant shall obtain the consent of the Defendant), and Article 3 (Conclusion of Sale Contract and Receipt of Sales Price) (1) The sales contract shall be entered into with the Defendant or the Defendant’s employee prepared and sealed on the sales contract of this case at the place designated by the Defendant. (2) In principle, the contractee shall deposit the sales price directly with the Defendant’s designated account. (3) The payment of the sales price shall be made to the 1st floor of the commercial building and the Plaintiff shall bear various taxes and public charges of the office of the Plaintiff.

(3) Defendant employees related to the preparation of sales contracts.

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