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(영문) 서울중앙지방법원 2015.01.15 2014가합516623 (1)

계약이행보증금

Text

1. The Defendant’s KRW 267,266,99 as well as 6% per annum from January 25, 2013 to January 15, 2015, and the following.

Reasons

1. Basic facts

A. On August 20, 2012, the Plaintiff and the Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s allegation service contract 1)

A) 549 units unsold in lots in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant housing”) between the two households.

) A contract for sales agency services for sales in lots (hereinafter “instant sales agency contract”)

2) The main contents of the instant sales agency agreement are as follows.

Article 1 (Purpose) The purpose of this Agreement is to prescribe matters to be performed by the plaintiff and the intervenor in the event that the intervenor performs the affairs of sale agency in good faith for the housing of this case of the plaintiff.

Article 3 (Persons Eligible for Services, Commissions for Vicarious Execution and Conditions of Sale) (1) The objects of services shall be as follows, and the number of units to be sold in lots may be changed due to the plaintiff's circumstances

(2) The agency fee for the service shall be 0.7% of the selling price per household (excluding value-added tax) and all expenses shall be included in the agency fee. < Amended by Presidential Decree No. 177799, Feb. 20, 2000>

(3) An intervenor shall apply the terms and conditions of sale currently in progress by the plaintiff, but shall apply to the changed terms and conditions of sale when the plaintiff changes such terms and conditions.

Article 4 (Period of Service Contract and Contract Commencement) The contract period of this service shall be from August 20, 2012 to December 31, 2012.

Provided, That it may be extended or shortened according to the results of sale in lots, etc., and the intervenor shall submit a commencement system within five days after the conclusion of the service contract and commence the sales agency service after completing the placement of the sales counselor, etc.

Article 5 (Performance of Objectives of Sale) An intervenor shall achieve the target sale rate for the following month, which has been presented in the second proposal (P/T data) from the date of the commencement of the service after concluding a service contract on behalf of the seller to the date of termination of the contract:

Division: August 2012, 2012. < Amended by Presidential Decree No. 23988, Oct. 2012>