손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff is a juristic person engaged in real estate development and sales and sales agency business, and the Defendant is the owner of an urban residential housing (studio-type) and neighborhood living facilities (hereinafter “instant building”) of the former C, D ground 5-story 2, 2012, for the period of Ansan-si that was commenced on June 2, 2012.
1. The defendant shall provide a model voucher at the site of sale, and the sale price shall be as shown in the attached Form, and the terms and conditions of sale and the sale schedule shall be determined by mutual consultation.
2. The Defendant shall determine the Plaintiff as the sales agency cost of KRW 10 million per household (including surtax).
The sales agency cost shall be 20% at the time of conclusion of the sales contract and 80% at the time of payment of the balance.
Where a buyer renounces the penalty and fails to sell it, 20% paid at the time of the sale contract shall not be returned.
3. The Plaintiff refers to the advertising planning (Preparation of Broitius), production of printed materials and advertising materials, model voucher costs, and the costs of interior works for some households provided by the Defendant as model voucher.
All expenses incurred in selling advertisements, services, etc. shall be borne.
B. On April 12, 2013, the Plaintiff entered into a sales agency contract with the Defendant on behalf of the Defendant to sell each of the instant units of the instant building (17 households) and to receive the sales agency cost of KRW 10 million per household from the Defendant in return (hereinafter “instant sales agency contract”).
The main contents of the instant sales agency contract are as follows.
C. Meanwhile, the instant building was completed on January 7, 201 and was approved by the head of the Gu on February 7, 2014, but the sales of each of the instant households was not entirely conducted until then. The Defendant leased each of the instant households to a third party after January 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, Eul evidence Nos. 2 and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff.