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(영문) 서울남부지방법원 2020.02.27 2019가단207022

용역비

Text

1. The Defendant’s KRW 36,640,00 for the Plaintiff and KRW 6% per annum from March 23, 2018 to February 19, 2019.

Reasons

1. Facts of recognition;

A. On June 20, 2017, the Plaintiff was delegated by the Defendant with the sales agency business of the first floor of the building in Nam-gu Incheon Metropolitan City (hereinafter “instant commercial building”).

Specifically, the plaintiff's work is to establish and implement a plan for sales, induce the conclusion of sales contracts, and encourage the payment of sales proceeds by managing contractors after concluding sales contracts.

The Plaintiff agreed to receive 28% of the sales price in full with the sales agency fee.

The defendant set the sales price of each commercial building at the time, but if it is necessary to adjust the sales price, the original defendant agreed to adjust the sales price through mutual consultation.

B. Under the above sales agency contract, the Plaintiff arranged the sales contract under subparagraph 4, E, F, G, and H of the shopping mall of this case in turn.

However, since the sale of the commercial building of this case was not smoothly achieved, the plaintiff and the defendant sold the commercial building of this case with a discount compared to the sale price set, but the discounted sale price was borne as part of the sales agency fee paid by the defendant.

C. The Plaintiff arranged the sale of the instant shopping mall J to I.

Although the sale price of J-ho is set at KRW 458,00,000 (excluding value-added tax), the plaintiff and the defendant agreed to discount 20% of the sale price and concluded a sale contract with I on January 19, 2018 (=458,000,0000 x (10% - 20%) on January 19, 2018.

The discounted sale price was borne by the plaintiff.

I made up to March 22, 2018 payment to the Defendant of the sale price under the above J. D.

After that, from July 2018 to December 2, 2018, the Plaintiff arranged the sales contract for the instant commercial building K, L, M, N, andO also discounted the sales price and shared the sales price discounted by the Plaintiff as set forth above J.

[Reasons for Recognition] A. A. Articles 1 through 3, 10 through 12, and 15.