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(영문) 대구지방법원 2016.06.23 2015가합2137

분양수수료등반환

Text

1. The Defendant’s KRW 800,000 as well as its annual 6% from January 27, 2016 to June 23, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in real estate leasing business, sales agency business, etc., and the Defendant is a company engaged in accommodation business, real estate sales agency business, etc.

B. The Defendant, at the Jeju Island, newly constructed a B hotel (hereinafter “instant hotel”) in the Jeju Island and sold the guest room in lots (hereinafter “instant business”), received consultation on the selection, etc. of a contractor and a trust company from D operating a stock company, and designated the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) as the trust company of the instant business and entrusted the instant business.

C. Around early 2014, Korea’s land trust entered into a sales agency contract with a small and medium Korea Co., Ltd. (hereinafter “small and Medium Korea”) with the content that it will be in charge of the sales of the hotel rooms of this case. At that time, the small and medium Korea entered into a sales agency contract with the Plaintiff with the content that it will be in charge of the sales of the hotel rooms of this case as KRW 8 million per guest rooms (excluding value added tax) and that it will be in charge of the sales of the hotel rooms of this case in Daegu area.

Around May 2014, SP Korea lost its status as a sales agency because it fails to meet the guarantee requirements required by the Korea Land Trust. Accordingly, D’s arbitration, the Defendant entered into a sales agency contract with the Korea Land Trust with the content that the sales agency business of the hotel hotel of this case is performed by the so-called self-service method and entered into the sales agency contract with the truster of the instant business and the sales agency.

E. The Plaintiff sold 101 hotel rooms from May 30, 2014 to August 13, 2014.

F. From June 9, 2014 to September 5, 2014, the Defendant paid to the Plaintiff a total of KRW 800 million (8 million x 100 cases) with regard to the sales performance of 100 items on 11 occasions, and the Defendant paid a sales agency fee of KRW 8 million with regard to the remainder of one sales performance.