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(영문) 서울중앙지방법원 2016.01.28 2015가단5043175
약정금
Text

1. Defendant B Co., Ltd. receives KRW 48,100,000 from Nonparty YI Co., Ltd., 48.

Reasons

1. The Defendant Company B (hereinafter referred to as the “Defendant Company”) is a company that vicariously performs the sale of real estate. Defendant C is a type of the Defendant Company’s representative director, and actually operates the Defendant Company. The Plaintiff was an employee of the Defendant Company.

On July 1, 2010, the Defendant Company entered into a sales agency contract with the Jung-gu Seoul Jung-gu E Apartment Building Co., Ltd. (hereinafter “instant commercial building”).

On January 1, 2011, the Plaintiff entered into a contract with the Defendant to take charge of the sales agency business of the instant commercial building, and determined the Plaintiff’s allowance by 2-4% per case, and the payment period by e.g., within one week from the date the Defendant received the sales commission from the e.g. construction.

Accordingly, the Plaintiff first concluded the sales contract for three households among the commercial buildings of this case, and the Defendant Company paid 18,040,360 won to the Plaintiff, equivalent to 2.6% of the sales price of this case.

After that, the plaintiff entered into a sales contract with five households (total 1,850,000,000).

However, in the case, the decision of compulsory adjustment was concluded to the effect that the Defendant Company did not pay the sales agency fee for the said additional sales households, and that the Defendant Company filed a lawsuit against the said additional sales units, and that in the case, the instant case, “e.g., construction shall pay KRW 56,980,000 to the Defendant Company until March 15, 2012. If the towing construction does not pay the said full amount by the payment date, the total amount of KRW 81,400,000 and the damages for delay calculated at the rate of 20% per annum from the date following the payment date to the date of full payment.”

(Seoul Central District Court 2011Kadan211517 case). [Grounds for recognition: the fact that there is no dispute, each entry in Gap evidence 1 through 10, the purport of the whole pleadings]

2. Determination:

A. The plaintiff as to the defendant company is immediately the defendant company.

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