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Reasons
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(영문) 서울동부지방법원 2016.04.12 2014가합103433
양수금
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1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual rate of KRW 6% from December 1, 2013 to June 24, 2014, and June 25, 2014.

Reasons

1. Facts of recognition;

A. C’s sales agency contract (1) entered into a sales agency contract with D on November 24, 2003, with the Sung-nam-si E or 5 ground commercial buildings (hereinafter “instant building”).

(2) The main contents of the sales agency contract are as follows.

Article 3 (Deposit for Sale by Proxy)

1. The deposit for parcelling-out agency shall be one thousand won,00,000 won;

3. A contract for the vicarious sale of buildings in units shall be concluded in the name of a juristic person of which C is the representative.

Article 4 (Term of Contract)

1. The period of contract shall be six months from the commencement date of sale to six months;

(Provided, That such term may be extended by agreement)

2. The contract shall enter into force on the date of the contract.

Article 10 (Fees for Sale by Proxy)

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

3. The method of paying fees for sales agency shall be 50% at the time of sales contract, and the remainder 50% at the date of the last intermediate payment under the sales contract for commercial buildings;

★특약사항 : C의 명의는 계약 후 법인으로 변경하기로 한다.

(3) After entering into the said sales agency contract, C established a diesel technology corporation (hereinafter “Nonindicted Company”) for the sales agency, and paid deposits of KRW 1 billion to D.

(4) Around December 2003, Nonparty Company subcontracted the sales business of the instant building to F, etc., and paid 4% of the sales price at the fee.

B. (1) On December 2003, G decided to take over the sales agency subcontract of the building of this case from the above F, etc. around December 2003, G established the Defendant Company on December 17, 2003.

(2) On September 7, 2004, the non-party company entered into a sales agency contract (hereinafter “instant sales agency contract”) with the Defendant Company and H, a corporation established by D (hereinafter “execution company”) to carry out the sales agency business of the instant building, which took over the sales agency business on behalf of the non-party company, and entered into the sales agency contract (hereinafter “instant sales agency contract”).

Article 3 (Deposit for Sale by Proxy)

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