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(영문) 수원지방법원 2019.01.11 2017가합26853
약정금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from May 11, 2018 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant B and C

A. The Defendant Company B (hereinafter “Defendant Company”) is the construction executor of the F building located in Yeongdeungpo-gu E (hereinafter “instant building”) at Suwon-si, and the Plaintiff and the Defendant C are delegated by the Defendant Company to sell part of the instant building to the Defendant Company, and the Plaintiff and the Defendant C entered into a contract of sales agency services on June 30, 2017 with the Defendant Company for five of the first floor stores in the instant building and 22 of the first floor stores in the instant building. On the other hand, the Defendant C agreed to borrow a performance bond of KRW 200 million and pay dividends of KRW 300 million to the Plaintiff separately.

After all, the plaintiff performed the sale of goods in accordance with the above service contract. The plaintiff sought to the defendant company the payment of the service fee of KRW 2.81,931,496, which is part of the service fee of KRW 2.300 million and the delay damages. The plaintiff sought the payment of the dividend payment of KRW 100,000,000 and the delay damages to the defendant C.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination on the claim against Defendant D Co., Ltd.

A. The Plaintiff’s assertion D Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a contract with the Defendant Co., Ltd. on November 9, 2017 with a view to securing the obligation to pay service fees of the Defendant Co., Ltd. for each real estate indicated in the separate sheet owned by the Defendant Co., Ltd. for the purpose of securing the obligation to pay service fees of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the Defendant Co., Ltd entered into a contract with the Plaintiff and the Defendant Co., Ltd to set up a collateral of KRW 1.5 billion with respect to each real estate indicated in the separate sheet owned by it.

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