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(영문) 서울중앙지방법원 2018.07.18 2017가합536277
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from December 31, 2016 to the date of full payment.

Reasons

1. Basic facts

A. 1) Defendant B’s vicarious sale of apartment units and the conclusion of a sales contract are as follows: (a) Defendant B selected E Company as a contractor and obtained a P/F loan from F Company F; and (b) Defendant B, a principal complex building on G in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant apartment unit”).

) A new project (hereinafter referred to as “instant project”)

(2) On January 18, 2013, Defendant B and 24 households unsold in lots among the instant apartment units (hereinafter “instant apartment units unsold in lots”) entered into a sales agency and sales contract for apartment units with Defendant D to the effect that the instant apartment units are sold in lots, and that the sales commission is to be paid (hereinafter “instant sales agency contract”), and whether the Plaintiff entered into the sales agency and sales contract with the instant apartment units unsold in lots with Defendant D as sales agent and sales agent for the instant apartment units unsold in lots with the instant apartment units, are separately examined below.

Defendant B’s father of Defendant B’s representative director I (hereinafter “I”) (hereinafter “the father”) jointly and severally guaranteed the obligation owed by Defendant B to Defendant D under the instant sales agency contract.

Whether Defendant C has jointly and severally guaranteed the obligation to the Plaintiff under the instant parcelling-out agency contract shall be examined as follows.

The Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd. (hereinafter referred to as the "A") of the instant contract for the execution of the sale and purchase of apartments shall conclude this contract in order to perform the affairs of the sale and sale of apartments, and shall prepare two copies of the contract, signed and sealed by Gap and Eul, and keep them in one copy, respectively.

Article 1 (Indication of Object of Sale and Sale of Apartment Houses) (1) : H (Sale and Sale of Unsale Apartment Units) (2) : The area of Gwanak-gu in Seoul Special Metropolitan City G. (3) : The area of commercial district: 25 household A (including unsaleed apartment) 1-2 (attached Form) 1-1 of the undeveloped household of apartment (including unsaleed apartment) is a separate document.

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