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(영문) 서울북부지방법원 2015.10.07 2014가단25693

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 2013, the Plaintiff entered into a sales agency contract with the Defendant and Kimpo-si, 1558 for 25 households among the 32 households of the unsold apartment units in Ooneone Star-si, Kimpo-si (hereinafter “instant sales agency contract”), and exchanged a draft sales agency contract by e-mail. On July 31, 2013, the Plaintiff prepared a draft final sales agency contract by e-mail, but did not affix the seal to the contract.

B. Around August 2013, the Plaintiff drafted a sales agency contract with the Defendant with the following content.

Article 1 (1) Period from the date of conclusion of this contract to the date of completion of sale in lots, the defendant may shorten the period of sale in lots under paragraph (1) when any cause, such as falling short of the target sale rate, failure of sale in lots, etc. occurs.

However, if there is no notification by the defendant, it is automatically extended until the completion of the sale of the object.

Article 3 (1) Fees for sales agency shall be applied as follows:

Fees shall be paid for the difference of the contract price concluded at least 65% from the initial sale price.

(including surtax). Of the sales agency fees, MGM costs, real estate introduction fees, and public relations expenses are included.

(2) Fees and operating expenses for vicarious sale of buildings in units shall be paid according to the target sale rate and the performance record, such as in the table of special agreement.

The plaintiff shall be the public relations expenses, etc. within the fee, and the public relations expenses paid shall not be claimed to the defendant.

(3) Sales agency fees shall be paid at 30% when the first down payment is made in one million won, at 30% when the second down payment is made in one thousand won, at 40% when the second down payment is made in one thousand won, at the time of an intermediate payment loaner or self-payment.

C. As to July 29, 2019 and 401 of the unsold apartment units in Oone Star difficulties, the Plaintiff: (a) as to September 25, 2013; (b) as to subparagraph 203 of the same Article; (c) as to October 21, 2013; (d) as to subparagraph 109 Dong 1002 of the same Article; and (e) as to October 25, 2013.