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(영문) 서울중앙지방법원 2015.08.13 2014가합544581
손해배상금 등
Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from July 10, 2014 to August 13, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Around 2013, Defendant Urban Bottleneck Co., Ltd. (hereinafter “Defendant Urban Bottleneck”) entered into a contract with the Military Personnel Mutual Aid Association and Kimpo-si, Kimpo-si to sell the apartment complex No. 2 in the name of the company.

(hereinafter “instant sales agency contract”). (b)

On February 24, 2014, Defendant B entered into a contract for the service of the instant sales agency contract with Defendant B as the contract cycle, and paid KRW 25,000,000 per household per service fee for sales agency.

C. Defendant B, on February 25, 2014, performed the sales agency business in the vicinity of the subject matter of the instant sales agency contract, sent to the Plaintiff.

As stated in paragraph (1), while making a subcontract for part of the service of the sales agency contract of this case as the subcontractor, the soldier's mutual aid association requested to prepare KRW 100,000,000 to be paid as the performance bond of the sales agency contract of this case, and it received KRW 100,000 from the plaintiff who consented to it and paid it as the performance bond of the defendant's urban difficulty to the Military Mutual Aid Association.

On February 25, 2014, Defendant B agreed in writing to refund KRW 100,000,000 to the Plaintiff when the instant sales agency contract was terminated and the performance guarantee was returned from the Military Mutual-Aid Association.

(hereinafter referred to as “instant agreement”). (e)

The Plaintiff employs employees from the end of February 2014 to the end of April 2014, and performs the sales agency business for two households among the objects of the instant sales agency contract, and received the service fees prescribed by Defendant B.

F. The instant sales agency contract concluded between the Military Mutual Aid Association and the Defendant City was terminated on April 30, 2014, and accordingly, the Plaintiff was no longer able to perform the sales agency business for the object of the instant sales agency contract.

G. Meanwhile, Defendant B paid 100,000,000 won to the Military Personnel Mutual Aid Association after receiving payment from the Plaintiff.

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