beta
(영문) 서울고등법원 2019.07.05 2018나2050667

수수료 등 지급

Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The reasoning for the reasoning of the judgment of the court and the purport of the parties' arguments concerning this part is as follows: (a) the part of the judgment of the court of the first instance concerning "the conclusion of an additional contract and an additional contract for the plaintiff's sales in lots" with 5 pages 2 of the judgment of the court of the first instance as "the conclusion of an additional contract and an additional contract for the plaintiff's sales in lots"; (b) the part concerning "the sales in lots" with 5 pages 18 concerning the sales in lots" as "the sales in lots contract of this case"; (c) the part concerning "the sales in lots" with 6 pages as "the sales in lots"; and (d) the part concerning "one million won" with 7 pages "one million won" as "the sales in lots contract of this case" and the part concerning "one million won" with 2 pages 7 through 8 pages 8 of the judgment of the first instance as stated in Article 420 of the Civil Procedure Act.

2. Part of the commission for parcelling-out and the fee for advertising agency;

A. (1) Determination on the cause of the claim 1) Additional fees of KRW 1.4 million and the part equivalent to the value-added tax / [O] on November 10, 2016, the Defendant entered into the instant sales agency contract (Evidence A2 and 6) with the Plaintiff on November 10, 2016, and, on May 31, 2017, entered into an agreement with the Plaintiff to pay a sales agency fee of KRW 4 million in addition to the sales agency fee of KRW 7 million for each unit of the hotel 434 units of the instant case (hereinafter “basic fee”), if the sale of the 237 units of the instant units of the hotel 4.34 units of the instant unit of the hotel by May 31, 2017, the sales agency fee of KRW 4 million for each unit of the unit (hereinafter “additional

6. It has been changed to 30.

In other words, according to the sales agency contract of this case, for a heading room sold to the first to the third to the third to the third to the third, the additional fee of KRW 4 million is explicitly stipulated (Article 4(3)), and for a heading room sold to the third to the third to the second to the third to the second to the second to the second to the second to the second to the second to the second to the second to the second to the second to the second to the second to the amount of KRW 4 million, which is the difference between the sales agency fee of KRW 13 million according to the achievement of the purpose of the contract, and the sales agency fee of KRW 9 million is the additional fee (Article 4(