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(영문) 서울중앙지방법원 2016.04.21 2014가합37571
양수금
Text

1. The Defendant’s KRW 640,000,000 as well as the Plaintiff’s annual rate of five percent from July 29, 2014 to April 21, 2016, and the following.

Reasons

1. Basic facts

A. 1) The Defendant’s representative director, C is the D Co., Ltd. (hereinafter “D”) on November 24, 2003.

) The director E and E are, for E, the commercial buildings of the five-story above ground and the five-story above ground (hereinafter referred to as “instant commercial buildings”) of the Subdivision-si, Sungnam-si and the five-story above ground.

(2) On December 11, 2003, the Defendant entered into a sales agency contract with D on September 7, 2004 (hereinafter “G”) and the parties to the sales agency contract with D, and entered into a sales agency contract (hereinafter “instant sales agency contract”) with D, and D, by changing the parties to the said sales agency contract to the sales agency contract into a sales agency contract into a sales agency contract (hereinafter “instant sales agency contract”).

The main contents of the instant parcelling-out agency contract are as follows, and the amount of KRW 1 billion paid to E is diverted to the security deposit for the sales agency contract of this case.

(hereinafter the purpose of this Agreement is to designate D and G as a seller and to determine all matters related to the sale business in order to efficiently promote the sales business for the commercial buildings of this case purchased by the Defendant. Article 3 (Deposit for Sale Agency)

1. The security deposit for parcelling-out agency shall be KRW 1,000,000;

2. The return of the deposit for vicarious sale of commercial buildings shall be made at the end of returning it to D and G when 50% of the total amount of sales of commercial buildings is achieved;

Article 4 (Period of Contract) The period of this Agreement shall be six months from the date of commencement of sale to the date of commencement of sale.

(Provided, That there is no need to extend the period of consultation between the defendant, the defendant, and the G). Article 10 (Fees for Sale by Proxy)

1. The sales agency fee is eight percent of the total sales of commercial buildings;

(G) 6%, D 2%).

(3) D and G sold at least 50% of the instant commercial buildings by May 2012 pursuant to the instant sales agency contract.

(b) Assignment of claims;

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