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(영문) 대전지방법원 2016.08.26 2014가합106919
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On July 2011, the Plaintiff is a company incorporated with the trade name of C Co., Ltd. (hereinafter referred to as “C”), and on February 3, 2012, the trade name was changed to the current trade name.

(hereinafter “Plaintiff” is not classified before and after the change. The representative director of the Plaintiff is D’s Chokin E, and the auditor is F, which is the wife of D, but in fact, the Plaintiff was operated under D’s control.

In order to purchase G and H zones implemented by the Korea Land and Housing Corporation, the J Commercial Partnership was established in 2009, consisting of G and H districts migrants.

On May 201, the Defendant established the trade name of K Co., Ltd. (hereinafter referred to as “K”) in order to facilitate the construction of a commercial building (hereinafter referred to as the “instant building”) on the land, and acquired the right to sell the building of J Co., Ltd. (hereinafter referred to as “K”), and changed the trade name into the current trade name around August 2013.

(hereinafter “Defendant” is not classified before and after the mutual change. In this process, D worked as the president of the pertinent association and the representative director of K from the early formation stage of the J Commercial Association until August 2013.

On November 18, 2011, the Plaintiff entered into a sales agency contract with the Defendant for the instant building, and entered into a new contract on August 2012, 201 to change the sales agency fee and the timing of payment.

(hereinafter “instant sales agency contract.” The main contents of the contract are as follows: Article 2(1) of the sales agency contract (former Contracts before Amendment) dated November 18, 201 and February 28, 2012, the Defendant shall, upon entering into this contract, grant the Plaintiff the right to sell the object.

1. The plaintiff may not re-agent the sales business to a third party without the defendant's consent.

2. The scope of duties of sales agency services to be performed by the Plaintiff shall be as follows:

(3) Acceptance of the subscription for parcelling-out and inducement of conclusion of this contract. (4) Sales agency fees for the management of the parcelling-out agency shall be as follows:

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