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(영문) 서울중앙지방법원 2018.12.06 2017가합535786

분양대행수수료 등

Text

1. The Defendant’s KRW 88,194,50 for the Plaintiff and 5% per annum from June 17, 2017 to December 6, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that is engaged in real estate sales agency business, etc. The Defendant is a company that runs civil engineering construction business, etc., and is a company that is engaged in Dtel located in Bupyeong-gu Incheon Metropolitan City C (hereinafter “instant officetel”).

B. On June 2015, the Plaintiff entered into a sales agency contract presented to the Defendant a plan for the sales of the instant officetel with the content that the Plaintiff would achieve the sales rate of 40% within one month from the date of commencement of the sales agency, and accept and not receive the commission if the Plaintiff fails to achieve it.

Accordingly, on January 11, 2016, the Defendant entered into a sales agency contract with the Plaintiff for the instant officetel (hereinafter “instant first sales agency contract”).

However, on July 20, 2016, the Defendant entered into a sales agency contract (hereinafter “the second sales agency contract of this case”) with the content of amending the sales agency fee, sales rate, and personal information, etc. based on the lack of sales rate among the first sales agency contract between the Plaintiff and the Plaintiff on July 20, 2016. The main contents of the contract comparing the first and second sales agency contract of this case are as follows.

Article 1 (Purpose of Contract) of the Officetel 607 of this case, which is the object of the second sale agency contract of this case under the second sale agency contract of this case, is the purpose of the sales agency contract of this case, the purpose of this sales agency contract of this case is the smooth promotion of the project and the successful sale of the object of the project concerned through the professional sale plan and marketing activities by Eul (Plaintiff) on his behalf.

Article 10 Paragraph 1 (Fees for Sale in Units) of the same Act as the first contract for sale in lots of this case shall be 4,200,000 won per unit (excluding value-added tax).

(unit: Won, VAT Separate) Fees per heading room.