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(영문) 인천지방법원 2015.04.23 2014가단60810
공탁금 반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,000,000 and KRW 30,000,000 among them.

Reasons

1. Basic facts

A. Defendant A is the owner of the building of the 96 household of the city-type residential housing in Pyeongtaek-si B (hereinafter “instant residential housing”), and Defendant Lod Industrial Development Co., Ltd. (hereinafter “Defendant Company”) is the construction executor of the instant residential housing.

B. On September 27, 2012, the Plaintiff concluded a sales agency contract with the Defendants and C as follows.

① The Plaintiff shall act on behalf of the Plaintiff in selling the instant residential housing.

② The Defendants shall pay the following sales agency fees to the Plaintiff:

i) 10% incentive (applicable period: within three months after the commencement of sale) incentives (the cumulative sale rate of KRW 1,00,000 per contract household when 50% has been achieved, KRW 1,000 per contract household with 70% cumulative sale rate of KRW 51%-70 per contract household (30% per contract household when the cumulative sale rate of KRW 1,00,000 per contract household has been achieved) and the sales contract has been concluded through the introduction of the Defendants or the Defendants, the pertinent commission shall be paid to the Plaintiff under the terms

④ The Plaintiff shall pay C KRW 30,000,000 to the sales agency deposit money.

⑤ The Defendants or C shall refund the said deposit amount of KRW 30,000,000 to the Plaintiff by December 28, 2012.

When a refund is not made, the statutory maximum interest shall be calculated and paid by the date of refund.

C. On September 28, 2012, the Plaintiff paid KRW 30,000,000 to C the sales agency deposit.

Since September 2012, the Plaintiff operated the sales agency business for three months from September 2012.

However, the above construction work was not commenced, and the plaintiff and the defendants agreed to suspend the sale agency until the construction is resumed.

E. Around June 2013, the Defendants did not notify the Plaintiff of the fact that they had again undertaken the construction of the instant building through the “D Construction” company. Around September 2013, the Plaintiff, who became aware of the said fact, was to act as a sales agent. However, the Defendants refused it, and voluntarily sold the instant building from December 2013.

F. Until July 2014, the sale to 86 households out of the total 96 households of the instant residential housing was made.

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