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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
Facts of recognition
A (A) was declared bankrupt after the filing of the instant lawsuit and appointed as K as a trustee in bankruptcy. The following is the representative director of D (hereinafter referred to as “D”) and the defendant C is the representative director of E (hereinafter referred to as “E”).
E From around 2010, the development project (hereinafter referred to as the “instant development project”) was carried out in the Hanyang-gu F (hereinafter referred to as the “instant land”).
Defendant C and E entered into a sales agency contract with D on March 11, 2010 (hereinafter “instant contract”). The main contents are as follows.
Defendant B jointly and severally guaranteed Defendant C and E’s obligations under the instant contract.
The indication of the object of a contract [the location of real estate: Filwon-gu in Ansan-gu] in relation to the sale of the object of the contract as mentioned above, E who is the client for the sale and D who is the sales agent shall enter into a sales agency contract as follows:
(1)(Purpose of this Agreement) The purpose of this Agreement is to facilitate the smooth implementation of projects and to ensure the stability of the projects concerned through professional planning and marketing activities on behalf of D to carry out the affairs of sale (including subscription, lease, sale in lots and affairs incidental thereto) incidental to the development projects of the above-mentioned objects.
Article 2 (Scope of Business) E shall, at the same time as this contract is concluded, grant to D the authority to sell the object.
Article 5 (Period of Performance of Duties and Commencement of Sale) (1) The period of performance of duties of D shall be as follows:
1. Date of commencement: The date when a contract for the parcelling-out business is concluded;
2. Date of completion: (2) The date of commencement of sale by lots shall be the date when a contract for sale by lots is concluded;
Article 7 (Fees for Sale by Proxy) (1) The sales commission shall be paid according to the following classification based on the actual selling price, excluding value-added tax on an object:
Article 9 (Request and Payment of Fees) (1) The claim and payment of fees for the sale of buildings in units by proxy shall be made twice a month, and E shall be made D.