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(영문) 서울고등법원 2019.04.04 2018나2046361
분양대행수수료 등
Text

1. An appeal against the counterclaim by the Plaintiff (Counterclaim Defendant), the principal lawsuit against the Defendant (Counterclaim Plaintiff) and the counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The defendant (the former trade name was "D Co., Ltd., but changed to the current trade name on May 24, 2016) is an executor who implements the business (hereinafter "the business of this case") by constructing a new 4th underground floor, 14th ground, and neighborhood living facilities building (hereinafter "the building of this case") on the total area of 7th lots, such as Suwon-si E, G, H, I, J, J, K,K, and L, in the name of the business entity.

Plaintiff

A is a business operator who is engaged in sales mediation, sales agency, etc. from June 23, 2005 with the trade name of "T", and the Plaintiff Company is a company established on July 15, 2016 for the purpose of sales agency business, general advertising business, and advertising agency business, and the Plaintiff Company A operates it as the representative of the Plaintiff Company.

Around February 2016, the defendant entered into a contract for sales agency and advertising agency with the content that he/she exclusively grants the plaintiff a sales agency service for the building of this case to A, and prepared a sales agency contract as of March 3, 2016, and the main content thereof are as specified in attached Table 1.

(hereinafter “instant sales agency contract”). On May 1, 2016, the Defendant entered into an advertising agency contract with the content that “advertising, publicity, and production of advertising materials” exclusively delegated to the Plaintiff A for the successful sale of the instant building, and the Plaintiff A established the Plaintiff Company with the consent of the Defendant and changed the operator of the advertising agency to the Plaintiff Company, and the main contents thereof are as shown in attached Table 2.

(hereinafter “instant advertising agency contract.” From February 2016, Plaintiff A paid conditional sales agreements and sales agency fees to the Plaintiff Company under the name of the Defendant, the executor, pursuant to the instant sales agency contract, at least twice in accordance with the Act on Sale of Buildings (hereinafter “Building Sale Act”) and relevant statutes.

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