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(영문) 대구지방법원 2016.10.11 2016가단107322
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A was entrusted by the FF with the sales agency for the Daegu-gu G Ground Building (hereinafter “instant building”).

Plaintiff

On December 29, 2014, A established the Plaintiff AB.

Plaintiff

On January 9, 2015, the Development Bank Co., Ltd. was entrusted with the sales business of the building in this case by the Development Bank of Korea.

At the time of the above contract for the sales agency business, if the sales contract for the building of this case is concluded due to the plaintiffs' performance of the sales agency business, the F agreed to pay the plaintiffs a sales agency fee, and if the contract is cancelled due to the intention or negligence of the seller, the sales agency fee will be refunded from the plaintiffs in full.

B. Defendant C was re-entrusted by the Plaintiffs to sell the instant building.

(c).

Defendant C employed Defendant E as an employee and carried out part of the sales agent for the instant building.

Defendant E “No. 101, 109, and 109, among the instant buildings on December 1, 2014.”

In this regard, Defendant E as a buyer, and the sales contract was concluded with the F of the Bank of Korea.

E. Defendant E paid a down payment in an amount equivalent to 10% of the total sale price on December 1, 2014 with respect to the sales contract referred to in 101 and 109 to the Fund for the settlement of accounts, and paid an intermediate payment in an amount equivalent to 10% of the total sale price on March 25, 2015.

F. On April 10, 2015, the LAF paid KRW 98,662,690 to the Plaintiff-B a commission for the sales agency business set forth in subparagraphs 101 and 109.

G. Plaintiff A paid KRW 60,00,000,000 on December 12, 2012, and KRW 39,682,194 on December 13, 2014, and KRW 24,780,997 on April 10, 2015 to Defendant D, respectively, when it pays the sales agency fees for 10,00 and 1111 of the instant building, and sales agency fees for 111 of the instant building.

H. However, Defendant E agreed around August 2015 with respect to the sales contract of heading 101 and 109.

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