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(영문) 서울고등법원 2019.01.31 2018나2028929

약정수수료

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

1. Basic facts

A. The agreement between the Plaintiff and the Defendant regarding the sale of the business site of the hotel C in Seopo-si D and E and ten parcels (hereinafter “instant real estate”). On January 8, 2016, an agreement was concluded between the Plaintiff and the Defendant on the title “Agreement on the Sale of Real Estate” (hereinafter “instant agreement”).

Of the parts related to the instant case are as listed in the following table:

Article 1 (Purpose) The defendant is the person who is requested to sell the project site to the project implementer, and the plaintiff is the person who is entrusted with consulting to sell and purchase the project site so that it maintains confidentiality and sells the real estate in good faith.

Article 2 (Conditions of Sale)

1. The sale price indicated in the above real estate is KRW 35 billion per day.

1) Down payment: A balance of 10% of the selling amount shall be deposited at the time of the contract (3.5 billion won); a sum of 31.5 billion won per day until January 2016 shall be paid in full and the ownership transfer shall be made.

Article 3 (Method of Sale)

1. The defendant and the plaintiff shall enter into force on the date of affixing their seals on this sales consulting agreement.

2.The term of this Convention shall be three months from the date on which the seal is affixed and may be extended by mutual agreement.

3. The defendant and the plaintiff agree to closely consult and coordinate the purchase terms and conditions of the purchaser.

6. The defendant shall enter into an agreement with the plaintiff upon consultation or contract with the applicant for purchase.

Article 4 (Payment of Consulting Fees)

1. The consulting fees for this sale shall be 3% of the sales amount.

2. The Defendant’s payment of fees shall be 50% for the contract under Article 2 to the Plaintiff and 50% for the remainder.

4. The defendant shall comply with Article 3 of the contract with either directly or indirectly within the deadline and shall pay 10% of the consulting fee to the plaintiff.

Provided, That the deadline shall be the end of January 31, 2016, and the period of the contract thereafter shall be 20% within the period of the contract.

5. The defendant shall comply with Article 4 at the time of direct contract with the applicant for purchase notified by the plaintiff.

Article 5 (Obligation of Defendant)

1. The defendant concerning real estate to the plaintiff.