(영문) 수원지방법원성남지원 2019.08.28 2018가단230396

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(영문) 수원지방법원성남지원 2019.08.28 2018가단230396

수수료

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1. The Defendant’s annual interest in KRW 113,764,057 to Plaintiff C, as well as in relation thereto, from September 13, 2018 to August 28, 2019.

Reasons

1. Facts of recognition;

A. On August 19, 2016, the Defendant entered into a “contract on sales agency services for sales facilities” with the content of receiving the sales agency services of the commercial building to be newly built on Gable block (hereinafter “instant building”).

B. On April 10, 2017, the Defendant: (a) performed the sales agency business of the instant building to Plaintiff A and B; and (b) the said Plaintiffs performed the sales agency business from around that time to July 2017.

C. Plaintiff A and B issued a tax invoice to the Defendant in the name of Plaintiff C Co., Ltd. (hereinafter “Plaintiff”) on the aggregate of a certain percentage of commission and value-added tax on the basis of the total sales price of each monthly sales contract concluded during the said period. Accordingly, the Defendant transferred the sales fee for April 2017 and May 2017 to the account of the said Plaintiff Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 11, Eul evidence No. 1 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. Both parties asserted that the Plaintiff Company entered into a sales agency contract with the Defendant and received the sales commission each month by July 2017. However, the Defendant asserted that the Defendant did not pay the total of KRW 113,764,057 on June 6, 2017 and July 7, 2017, the Defendant concluded a sales agency contract with the Defendant, rather than concluding a sales agency contract with the Plaintiffs, and that the Defendant concluded a sales agency contract with H (representative I).

B. In full view of the facts of recognition as seen earlier, around April 10, 2017, the Defendant: (a) subcontracted the sales agency business of the instant building to the Plaintiff A and B; (b) provided, however, that it is recognized that the Defendant entered into a contract with the Plaintiff to pay to the Plaintiff Company the money under the pretext of the price or the sales agency fee; and (c) No. 2

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