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(영문) 인천지방법원 부천지원 2018.12.14 2017가합103725

약정금 등 청구의 소

Text

1. As to the Plaintiff KRW 309,188,496 and KRW 100,320,00 among them, the Defendant shall pay to the Plaintiff KRW 68,61,620 from July 7, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant all were incorporated for the purpose of the sales agency business, and the Defendant concluded the instant sales agency contract with C (hereinafter “C”) as follows, and concluded the instant sales agency contract with the Plaintiff regarding the said sales agency business.

B. On November 25, 2016, the Defendant and C concluded a sales agency contract as follows with respect to the sale of underground second and seven above ground floors (E Knowledge Industry Center), which were newly constructed by C in E in E in Sungsung City, and commercial buildings on seven above ground.

(hereinafter “instant sales agency contract”). The Defendant entered into a sales agency agreement with F, G, and H at that time to carry out the sales agency business, set the sales team fee rate to 3.5% of the sales contract amount, and appointed them as the head of the headquarters.

(F) The head of F 1, G 2 head of H 3 head, and H 3 head of H appears to have been changed to I (Evidence No. 7,50). Each head of the headquarters, as a franchise in charge of sale, has approximately 17-34 staff members for each headquarters and has performed the sales agency work for each headquarters.) The sales agency contract of this case (Evidence No. 2) Article 4 (Fee No. 2)

1. 1) Knowledge Industry Center, business facilities, and warehouse B (Defendant) shall be 5.5% of the total sales price (V.A.T. Do) except V.T., out of the sales price, if the sales contract is concluded upon consultation and consultation with the applicant for the purchase, and the sales contract shall be made by issuing a tax invoice for support facilities (C) to Gap. 2) If the sales contract is concluded upon consultation and consultation with the applicant for the purchase, 6.5% of the total sales price (V.A.T. Do) shall be 6.5% of the sales price (V.T. Do) out of the sales price, and the sales contract shall be made by issuing the tax invoice for the amount to Gap.

2. The balance of the first 3rd 50% of the second 3rd 5% of the payment timing and 45% of the down payment (at the time of deposit with 10% of the sale price), the first 1st part of the part payment (at the time of deposit with 10% of the sale price).