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(영문) 인천지방법원 2015.10.27 2014가단252671
영업비 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,710,000 to the Plaintiff (Counterclaim Defendant) and its amount from August 5, 2014 to October 27, 2015.

Reasons

1. On March 14, 2014, the fact that the Korea Land Trust Co., Ltd. entered into a construction contract with the Defendant for the construction of the Nam-gu Incheon Metropolitan Office Officetel (hereinafter “instant building”) and completed the registration of preservation of ownership on March 14, 2014 after completion of the construction. On or around April 2014, in lieu of the payment of the remaining construction cost to the Defendant, an agreement was made to pay the ownership of the household unsold in lots among the instant buildings that were unsold in lots in lieu of the payment of the construction cost to the Defendant. The fact that the Plaintiffs, from April 10, 2014 to April 10, 2014, performed the sale or lease brokerage for the household unsold in lots among the instant buildings

2. The parties' assertion

A. On April 10, 2014, the Plaintiffs asserted and the grounds for the principal claim are as follows: (a) between the Defendant E and the Defendant E, the Plaintiffs are performing the business of selling or lending to the pre-sale household of the instant building to be acquired by the Defendant as payment in kind; (b) in return, the Defendant paid the Plaintiffs the basic operating expenses of KRW 3,00,000 each of the actual expenses, including meals, monthly, monthly, and in the case of a lease, the lease amounting to KRW 1,50,000 per case, and the fees determined by the subsequent consultation in the case of sale in lots.

However, from April 10, 2014 to June 30, 2014, the Defendant did not pay KRW 11,850,300 (Expenses paid by the Plaintiffs = KRW 28,150,300- KRW 16,300,000 for operating expenses paid by the Defendant, and KRW 16,30,00,00 for operating expenses paid by the Plaintiffs).

In addition, among the instant buildings, the Plaintiffs mediated each of the instant sales contracts under the lease agreements of 1310, 1311, 1410, 1503, 1504, 1510, and 1402 (amended by 1302) and the sales contracts of 1402 (amended by 1302), which have been acquired by the Defendant by payment in kind. On June 2014, the Plaintiffs agreed between the Defendant and the first seller on the brokerage fees of 1510,000, and the brokerage fees of 1402 are 12,00,000,000, respectively, and on behalf of the Defendant, the player management fees to be borne by the first seller.

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