부당이득금
1. The Defendants: (a) Defendant A, B, and E with respect to each of the Plaintiff KRW 44,894,040; and (b) Defendant C, as from July 24, 2015, respectively.
Basic Facts
The Plaintiff is a company that carries on a sales agency business, etc., and the Defendants concluded a trust contract with one asset trust company (a single trust company: hereinafter “one trust”) and run a new G construction business of approximately 7,177 square meters in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant business”).
The Defendants and the Plaintiff enter into a sales agency service contract for the sales of the instant business as follows:
Article 3 (Scope of Sales Agency Services) The scope of duties delegated by the Defendants to be performed by the Plaintiff shall be as follows:
1. Affairs related to the sale (including prior subscription) activities and conclusion of contracts (including the receipt of written intent for occupancy and provisional contracts);
2. The duties of receiving the sales price support are as follows: (a) 1. D. D. D. D. D. D. D. D. D. D. D. D. D. D. D. D. D. D. D. D. D. D. 12. D. D. D. D. 10% 10% 5% 50% 40% 50% 50% 50% 10% 10% 1. The Plaintiff shall set the monthly target sales rate as follows:
D: The target sale rate as of the date of the invitation of occupants includes the provisional contract and the introduction or direct contract terms of the Defendants.
Article 7 (Fees for Sale by Proxy) (1) Fees to be paid by the Defendants to the Plaintiff shall be the sales price (G4.5% and neighborhood living facilities 5%), excluding value-added tax, and value-added tax on fees shall be paid separately by the Defendants.
(2) The rates of payment of fees by the method of payment of sale price shall be as follows:
Article 8 (Persons subject to Payment of Fees) 10% of the payment rate of the remainder of the intermediate payment of the first intermediate payment of the second intermediate payment of the contract deposit, 10% 10% 70% of the payment rate of the remainder in full when the payment of the first intermediate payment is made in full when the contract deposit occurs and the contract deposit is fully paid: ① Payment of the contract deposit is made in full (10% of the price of the supply) and regular contract is concluded.
(Provided, That the payment is to be made even if the buyer and the down payment are agreed to be less than 10% on the strategy of promoting sale).