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(영문) 서울고등법원 2018.05.17 2018나2002569
보증금 등 청구의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

. In the event that the contractor raises an objection with respect to the parcelling-out agency, A shall be responsible for the settlement of the problem and B shall be allowed to carry out the parcelling-out agency in accordance with the present contract and the executor of the project shall be succeeded to this contract even after the change in A;

Article 4 (Period of Contract shall be from the date of conclusion of the service contract for the parcelling-out agency to the date of completion of sale of the object.

Provided, That at least 90% of the total sale is conducted, "A" and "B" shall have only the core personnel in consultation with each other.

Article 6 (Deposit for Contract)

1. A Co., Ltd. shall deposit KRW 150,000 as one-lane on the date of this contract and KRW 150,000 as two-lanes within three business days from the date of conclusion of this contract at the head of the Tong designated by “A”.

2. The sum of the deposit paid by “B” shall be paid to “B” by the end of 2015.

Provided, however, that "A" shall pay a certain account (N of a national bank) to B (resident number*************************) and the remaining KRW 150 million to A, out of the deposit 30 million in this Article.

CF2) Meanwhile, as stipulated in the instant sales agency contract, Plaintiff B deposited KRW 150 million with the account (O) in the name of the representative director of the Defendant Company on May 15, 2015, the date of the said contract, as stipulated in the instant sales agency contract. Plaintiff A deposited KRW 150 million with the same account of the said J on May 18, 2015. (e) After the completion of the instant new construction project, the instant new construction project was not implemented as originally scheduled. After the completion of the instant construction project, the instant new construction project was not implemented until the end of the year of 2015, which is the date of the refund of the contract deposit under the instant sales agency contract, the new construction project was not carried out as an apartment unit, and was authorized to establish a development plan for the instant new construction project (amended) around April 2016, the development plan for the instant new construction project was established (amended). The grounds for recognition, the purport of each of subparagraphs 1 through 6, and each of the arguments as a whole.

2. The Parties’ assertion.

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