(영문) 서울고등법원 2015.05.06 2013나73102

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(영문) 서울고등법원 2015.05.06 2013나73102

배당이의

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1. The plaintiff's appeal is dismissed.

2. The appeal costs (including the costs associated with participation) shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of real estate development business, supply business, etc., and the Defendant is a corporation established for the purpose of real estate sale business, sales agency business, etc.

B. On November 13, 2009, the Plaintiff entered into a sales agency contract (hereinafter “instant sales agency contract”) with respect to E and E and nine parcels (hereinafter “instant land”). The main contents are as follows.

1) E shall sell land on behalf of the Plaintiff, but the purchase price of the land to be deposited to the Plaintiff shall be KRW 15 billion (excluding sales agency service costs and civil engineering construction costs). The agreed amount to be paid to the Plaintiff for the Samsung Industry, etc. by E shall take over the debt of KRW 2.55 billion to be paid to the interested parties in the land, thereby substituting the payment of the purchase price of the land. 2) The contract period shall be up to February 28, 2010.

3) The sale price shall be preferentially repaid to the Plaintiff’s subsidiary mutual savings bank, but the interest accrued during the contract period shall be borne by the Plaintiff. 4) E shall pay the purchase agency deposit to the Plaintiff.

5) The deposit of the sale price shall be made by opening and managing a separate account in the name of the plaintiff. 6) The amount of public taxation due to revenue generation shall be fully responsible for the beneficiary.

(Article 6(c)(7) E shall first settle the public charges and taxes on land prices, other than the land prices paid to the Plaintiff, after the final settlement (Article 7(d)).

Paragraph (1)

C. On April 13, 2010, E assumed office as the representative director of the Defendant Company, and transferred the sales agency business under the sales agency contract of this case to the Defendant, and the Plaintiff consented thereto.

The Plaintiff demanded the Defendant to pay a penalty on the ground that the sale of goods in lots has not been completed within the period of the instant sales agency contract, and on December 28, 2010, the Plaintiff, while maintaining the basic matters set forth in the instant sales agency contract with the Defendant, shall additionally bear KRW 835,636,560 to the Defendant.

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