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(영문) 인천지방법원 2018.07.13 2016가합59033
부당이득금
Text

1. The Defendant (Counterclaim Defendant) (Counterclaim Defendant) Company A, Inc., and its amounting to KRW 192,50,000 from September 29, 2017.

Reasons

1. Basic facts

A. 1) Plaintiff A is a company established for the purpose of selling and selling each real estate on October 19, 2015 and April 25, 2016, respectively. 2) The Defendant is a company established for the purpose of selling and selling real estate, which entered into an agreement with Plaintiff A as seen below.

B. 1) D and E have completed their business registration on July 10, 2014 in order to operate a sales-type hotel business with the trade name of “F”, setting the real estate business (new construction-sale business) as the type of business. D and E are 48 units of commercial buildings and officetels, and 180 units of hotel, “G” in the scale of hotel 180 units of hotel (hereinafter “instant building”).

(2) On September 23, 2014, in order to carry out the new construction and sale business, the Plaintiff purchased 912 square meters in Nam-gu Incheon Metropolitan City H Dae-gu H, and completed the registration of ownership transfer on May 12, 2014 with respect to each of the shares of the above land. (2) D and E entered into a comprehensive business transfer agreement with F Co., Ltd. to comprehensively transfer all rights and obligations relating to the new construction and sale business of the instant building between F and F on the same day.

3) On October 21, 2015, F Co., Ltd. entered into a sales agency agreement with Plaintiff A to carry out the sales agency business of the instant building and receive KRW 15,000,000 per household sold as remuneration (excluding value-added tax). Plaintiff A representative director I (hereinafter referred to as “A”) and Defendant representative director J (hereinafter referred to as “B”)

(A) the construction of a new object and the sale of auxiliary facilities (hereinafter referred to as “this project”) promoted by “A”;

Article 10 (Bearing of Expenses) (1) "B" shall bear the following expenses in relation to the sale of goods by way of the following: 4th day newspapers, television home shopping advertisements, Internet advertisements and advertisements, such as Internet media, Article 14 (Processing of Maritime Products, 1. Payment of down payment).

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