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(영문) 서울중앙지방법원 2019.07.12 2018가합564439
분양대행수수료 등
Text

1. The Plaintiff:

A. Defendant D and E jointly and severally KRW 381,965,890, and Defendant D with respect thereto from September 22, 2018.

Reasons

1. Basic facts

A. On September 1, 2016, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant 1”) to vicariously carry out the sale of “H-type accommodation facilities and the new construction and sale of neighborhood living facilities” (hereinafter “instant project”) conducted by Defendant 1 Company in the Seoul Sipo-Gun F and G Group (hereinafter “instant contract”).

The main contents related to the instant case in the instant one-time sales agency contract are as follows.

Article 15 (Rights and Obligations)

4. Even if Defendant 1 Company establishes a new corporation and transfers its ownership, this contract shall be automatically succeeded by the new corporation;

Defendant 1 Company shall immediately notify the occurrence of a cause and actively cooperate in the modification of the contract.

Article 16 (Termination of Contracts) If any of the following events occurs, the defendant 1 company may terminate the sales agency contract unilaterally without legal procedures, such as peremptory notice:

1. The Plaintiff’s breach of this contract

2. Where it is deemed difficult for the plaintiff to continue the service of parcelling-out, such as failure to conduct business, instruction, etc.;

3. When the company damages or is likely to damage the external credibility of Defendant 1’s company.

4. When sale is conducted in violation of the conditions and regulations of sale (excluding cases where the plaintiff and the defendant company consulted with the defendant company);

5. When the plaintiff violates Article 5;

6. Where the plaintiff fails to attain the estimated sale rate (e.g., the estimated sale rate and conversion for sale in lots) presented by the separate lottery;

B. On August 14, 2017, Defendant 1 expressed to the Plaintiff the intent to terminate the instant one-sale agency contract based on Article 16(1) through (3), and (5) of the instant one-sale agency contract.

C. After that, the operator of the instant business changed to Defendant C Co., Ltd. (hereinafter “Defendant 2”), and Defendant 2 Co., Ltd. shall deposit the down payment (20% of the parcelling-out price) in full with the Plaintiff on August 17, 2017 when running the sales contract.

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