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(영문) 서울중앙지방법원 2017.04.26 2015가합578789

손해배상(기)

Text

1. The Defendant’s KRW 168,641,260 as well as its annual 6% from January 7, 2016 to April 26, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates various membership brokerage, trade, sales agency, etc., and the Defendant planned the business of building and selling Criart (hereinafter “instant Lriart”) on the ground of B and 10 parcels at Jeju.

B. On March 2013, the Plaintiff agreed to commission the Defendant and the Defendant to sell the Ri of this case on behalf of the Defendant, and on April 23, 2013, the Plaintiff leased the 2,500,000, monthly rent of the 201-14th floor of the Seocho-gu Seoul, Seocho-gu D Building to use it as the Seoul unit sales office. (2) On May 2, 2013, the Plaintiff entered into a contract with E for the manufacture and advertisement of the Ri of this case, and the C.I. Development Contract as the 100,000 won (hereinafter “instant service contract”), and around that time, paid the 20,000 won down payment to E.

3) On May 14, 2013, the Plaintiff and the Defendant consulted on and prepared a written contract concerning the sales agency of the instant resort, and on June 7, 2013, drafted a new sales agency contract by modifying some of the terms and conditions, such as the contract term, etc. (hereinafter “instant sales agency contract”).

. Period of contract under Article 2 of the Sales Agency Contract;

1. The term of validity of a sales agency contract shall be from June 7, 2013 to June 30, 2014;

2. The sale rate shall be automatically extended until December 31, 2014 when the period of a contract for the vicarious sale of buildings in units reaches 50%.

Article 3 Scope of Sales Agency

1. The scope of business performed by the plaintiff shall be limited to sales activities prior to the sales contract, such as public relations, consultation on sale, etc., and the defendant takes charge of the sales contract

Article 6. Sales Agency Fees

1. Sales agency fees shall be 10% (excluding value-added tax) of the total amount of sales, and shall be as shown in attached Table 1 according to the results of sales in lots;

(SI) The early investment and incentives (in full payment criteria) in Article VII omitted.