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(영문) 수원지방법원 2016.07.15 2015가합918
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The FF association established a partnership H (hereinafter “H”) on January 13, 2012, in order to promote the new construction and sale of residential facilities and officetels on the ground level 3 and 7 above the ground level (hereinafter “instant real estate”) after acquiring G land from the Korea Land Corporation and newly constructing and selling them on the ground level.

B. On June 4, 2012, the Plaintiff entered into a sales agency contract with H on the instant real estate (hereinafter “instant contract”) with the unlimited partnership company, and its 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 Sale Objectives and Sales Fees) of the Act:

3. The sales agency fees shall be as follows:

Until one month after approval for use: 2% of a commercial building; 7% of a commercial building; 7% of an officetel; 7% of a commercial building; 7% of an officetel;

1. The effect of this contract shall take effect from the date of the submission to H of the performance guarantee of the surety insurance policy (three million Won Won) to H.

C. On August 29, 2012, H resolved a resolution of dissolution with the consent of all the members, and on October 26, 2012, notified the Plaintiff of the fact that “the instant contract was rescinded pursuant to H’s resolution of dissolution and the point at which the sales contract became effective on the instant contract.” The Plaintiff did not submit a performance guarantee under Article 18 of the instant contract even before being notified of the said cancellation.

The F F trillion won established a corporation I on August 31, 2012 and promoted the new construction and sale of the instant real estate, and H registered the dissolution on November 28, 2012.

[Ground of recognition] A.

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