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(영문) 서울남부지방법원 2012.08.14 2012가단12195
기지급된 용역비 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is that the project implementation company of the Guro-gu Seoul Metropolitan Government Ground E-F commercial building is the construction company of SK.

On October 29, 2007, in order to smoothly carry out the sale of the first and second floor neighborhood living facilities among unsold commercial buildings, a contract for sales agency was entered into with the State of Daiju Development (hereinafter referred to as the "non-party company").

0. On the other hand, the non-party company entered into a service contract on December 29, 2007 with Defendant C (hereinafter referred to as Defendant C) a service company to be in exclusive charge of sales affairs at the site, and the plaintiff ratified this contract.

0. On January 19, 2008, the Defendant Company sold No. 111, B to G, prepared a commercial supply contract, and deposited KRW 10 million as part of the down payment. On January 27, 2008, the remainder of the down payment was deposited in full in KRW 195,805,520, and concluded the sales contract.

0 In addition, the Plaintiff paid the Defendant Company the sales price of KRW 176,013,750, which is 25% of the sales price (=640,050,000 x 0.25 x 0.25 x value-added tax) as the service price under the service contract on January 2, 2008.

0. However, on March 2008, G filed a request for the cancellation of a contract by asserting that it was fraudulent as a firstman, and the Plaintiff prepared a letter of termination of the commercial supply contract on July 25, 2008 and refunded the total sales price to G.

0. The head of the sales team, the actual representative of the Defendant Company, and H as the head of the sales team. The Defendants and H were subject to criminal punishment for occupational breach of trust on the ground of such fraud as above.

0. Defendant B and H caused damage to G by erroneous processing of the sales affairs entrusted by the Plaintiff and causing the Plaintiff to refund the full amount of the sales price to G. Defendant D bears tort liability which neglected the management and supervision as an employer of the said Defendants. The Defendants jointly and severally bear the liability of tort, excluding the 6.2 million won deposited by H, out of the sales price already paid by the Plaintiff, as part of the remaining KRW 169,813,750 (=176,013,750 - 6.2 million).

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