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(영문) 서울고등법원 2015.12.11 2015나2011159
보증금반환등
Text

1. The part of the judgment of the court of first instance against the plaintiff who falls under the following among the part against Defendant B.

Reasons

Basic Facts

The first instance Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. (the trade name of the first instance Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. was changed on February 7, 2014 from the first instance Co-Management Real Estate Co-Defendant Co-Defendant Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., Ltd., Ltd.; hereinafter referred to as “EN”)

On May 30, 2013, Defendant Two Partnership entered into a contract for sales agency and business license acquisition with the content of acquiring the instant business rights from EN when the sales rate exceeds 25%, while ENN and Defendant Two Partnership was entrusted to sell the condominiums of the instant business, and when the sales rate exceeds 25%.

Around October 2013, Defendant B requested Defendant B to allow Defendant B to participate in the instant sales agency of the instant project as a sales agent around October 2013.

Defendant Two Partnership suggested the conditions under which the Defendant B bears the sales agency fee of KRW 200 million and the advertising agency fee of KRW 200 million.

Defendant B is substantially entrusted with the sales agency business, but the name is to enter into a sales agency contract in the name of the Co., Ltd. D (hereinafter referred to as “D”), and the Plaintiff is entrusted with the sales agency business of the instant project from Defendant two partnership, and the amount of KRW 200 million is collected within 1-2 months, and the subsequent revenue is paid when the sales agency is accrued, and if the sales agency is not carried out according to the plan, the sales agency business shall be paid, and if the sales agency is not carried out as planned, the EN and the Defendant two partnership shall repay the sales agency deposit and recommend the Plaintiff to invest KRW 200 million in the sales

Accordingly, the Plaintiff decided to invest KRW 200 million in the deposit amount.

Accordingly, on October 25, 2013, Defendant Two Partnership entered into a sales agency contract with D and sales agency under the name of D, and the sales agency contract Gap.

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