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(영문) 서울남부지방법원 2018.10.02 2017가단235757

분양수수료

Text

1. The Defendant’s KRW 9,494,048 with respect to the Plaintiff and KRW 5% per annum from August 10, 2017 to October 2, 2018.

Reasons

1. Facts of recognition;

A. The Gangseo-gu Seoul Metropolitan Government Comprehensive Development Co., Ltd. (hereinafter “instant real estate”) is an executor of the sale of buildings in Gangseo-gu, Seoul (hereinafter “instant real estate”), and further L&C entered into a contract for the sale of buildings in lots from the Go Young Integrated Development Co., Ltd., and further L&C entered into a contract for the sale of buildings in lots again with six companies including the Defendant.

B. The six companies, including the Defendant, entered into a sub-sale agency contract with ABC, were in charge of the sales of the instant real estate in a manner of serving in the sales office as a unit of day.

C. On October 11, 2016, the Defendant entered into a business agreement with a company more Indones C&C to facilitate its sales, and the main contents are as follows.

A business agreement shall be concluded and implemented in accordance with the principle of trust and good faith as follows:

Items C: In the event of detection, the general manager and the main office is not allowed to move staff members of the building C in the context of the main office contract: 50% of the amount excluding the additional tax received by the agency (referring to the corporation more than the corporation; hereinafter the same shall apply) shall be paid to the general headquarters (the defendant; hereinafter the same shall apply).

- Criteria for the allocation of fees (application of 3.9%) 0.4% of the General Director, 0.5% of the head of the headquarters, 0.9% of the team leader, 2.1% of the staff, 2.1% of the fee timing: A fee shall be paid when the fees are received from the integrated development of the Seodaemun

- Method of payment of fees: 50% at the time of the contract and 50% at the time of the first intermediate payment.

Agency Fees: 8.3% Fees: 4.15% (100%) General Director (referring to the representative director of the defendant): 10.26%: Head of the 12.82% Headquarters (D means the representative director of the defendant): 23.08% Employees: 53.84%

D. Since then, the Defendant agreed on the change of fees with the following additional consultation with the Company more N&C:

E. The defendant D. D.