약정금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The plaintiff's claim extended by this court is dismissed.
3...
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) is an executor who has been promoting the new construction of a building of the tenth floor above ground (hereinafter “instant building”) on the ground of Jung-gu Incheon Metropolitan Government D (hereinafter “instant land”).
B. On July 2014, the Plaintiff entered into a service contract with C to raise the PF funds from financial institutions, select a construction project, and conclude a contract for the construction project, and C to pay an amount equivalent to 0.6% of the sales price of the instant project to the Plaintiff as a fee. From that time, the Plaintiff was in charge of duties such as raising the PF funds and selecting the construction project.
C. On the other hand, in addition to the above service contract, on September 5, 2014, the Plaintiff and C concluded a sales agency contract with the Plaintiff to pay KRW 100 million out of KRW 150,000,000,000 to C at the same time as the sales agency contract is entered into (i.e., payment at the time of the appointment of the contractor); and (ii) C to the Plaintiff with respect to the sales of the first and second commercial buildings among the instant buildings; and (iii) to pay 7% of the amount of the sales agency contract concluded as the sales agency fee (hereinafter “instant first sales agency contract”); and (ii) to designate the Plaintiff as the third agency.
Article 22 (Designation of Third Parcelling-Out Agency) C shall recognize and approve the contents of this Agreement when the plaintiff designates a third Parcelling-Out Agency and enter into the same contract with the third Parcelling-Out Agency.
On December 1, 2014, the Plaintiff designated the Defendant as a third-party sales agency pursuant to Article 22 of the instant first-sale agency contract, and entered into an agreement with the Defendant (hereinafter “instant agreement”).
3. The defendant shall recognize and implement all the terms of the contract for the vicarious sale of goods concluded between C and the plaintiff, who is an executor;
4. The amount of KRW 50 million out of the security deposit for sale shall be as C.