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(영문) 광주지방법원 2016.09.22 2014가합8167

약정금

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1. Defendant C Co., Ltd.: (a) KRW 25,925,100 for each of the Plaintiffs and its related amount from October 21, 2013 to September 22, 2016.

Reasons

Basic Facts

A. On August 26, 2013, Defendant C Co., Ltd. (hereinafter “Defendant C”), the representative director, entered into a sales agency contract with the Large Name Consulting Co., Ltd. (hereinafter “large Name Consulting Co., Ltd.”) on the E-type city-type residential housing 240 rooms, officetels 44 rooms, and neighborhood living facilities 5 rooms (hereinafter “instant sales agency contract”) (hereinafter “instant sales agency contract”).

B. The sales agency fee under the sales agency contract of this case is KRW 2,00,000 per household if the number of units in lots is less than 55 households, and KRW 3,500,000 per household if the number of units in lots is more than 55 households and not more than 55 households and not more than 80 households (additional payment for the existing sales households in lots), and KRW 5,000,000 per household if the number of units in lots is more than 81 households (each additional tax is separately imposed).

(Article 7.C. of this case's sales agency contract)

On December 2013, the Plaintiffs drafted a written confirmation confirming that the Plaintiffs paid the sum of KRW 27,000,000 to Defendant C as the introduction cost with respect to the name consulting and Dong name construction and the sales agency contract of this case.

The sale of the instant goods in lots was completed on October 20, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2-2 and 2-2, and assertion of parties to the whole pleadings

A. The Plaintiffs asserted 1) as an agent of the sales agency contract of this case, agreed to separately collect 10,000,000 won for the full amount of fees and 102 commercial buildings that Defendant C would receive from the name consulting regarding the sales agency contract of this case, and concluded a sales contract for the 114 households and commercial buildings of this case. Accordingly, the Plaintiffs concluded a sales contract for the 418,71,000 won (=80 x 3,500,000 x 34 x 34 x 5,000 x 10,000 commercial buildings of this case 102 - 10,000,000 commercial buildings of this case for the sales agency contract of this case from Defendant C.