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(영문) 서울고등법원 2017.03.31 2016나2051680
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. A. In around 2002, the Korea Land Corporation is an original resident residing in the project district of the housing site development project that is implemented by the Korea Land Corporation in terms of Commercialization, and around 30 persons, among those who have the right to purchase commercial land as part of the living measures from the said construction, constitute the FF association to carry out the business of newly constructing and selling buildings in the said commercial area (hereinafter “instant business”).

B. Members of the FF association established an unlimited partnership company and subsequently promoted the instant project. Accordingly, on January 13, 2012, an unlimited partnership H (hereinafter “H”) was established with the said partners as its employees.

C. On June 4, 2012, the Plaintiff entered into a contract with H to vicariously carry out sales agency services on the buildings attached to the project district of the said housing site development project (hereinafter “instant building”) and receive sales commission fees from H (hereinafter “instant contract”). The main contents are as follows.

Article 1 (General Provisions) Pursuant to the delegation of sale to the Plaintiff with respect to the following goods subject to sale, H shall perform the service delegated by H in accordance with the principle of good faith and sincerity:

Persons eligible for sale: The following methods shall apply to the service fees to be paid to the Plaintiff by the neighborhood living facilities (one floor on the ground), officetels (2-7 floors), and H under Article 4 (Payment of Sales Objectives and Sales Fees) of the Act:

3. Sales agency fees shall be as follows:

Until one month after approval for use: 2% of commercial buildings, 7% of commercial buildings, 7% of commercial buildings, and 7% of officetels;

C. H made a resolution of dissolution on August 2012, and notified the Plaintiff of the rescission of the instant contract around October 26, 2012 and around May 31, 2013.

The Defendants are H’ members.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 3, 4, 6, 13, Eul evidence Nos. 4 and 10 (including each number), Eul.

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