용역비 등
1. 28,719,123 won and the same shall apply to the claim for the payment of the security deposit for vicarious sale of the instant lawsuit, the sales agency fee, and the profit distribution amount.
1. Facts of recognition;
A. 1) The Plaintiff is a corporation that sells and leases real estate and engages in incidental business related thereto. 2) The Defendant is a corporation that engages in housing construction business, new house construction and sales business, etc.
B. On April 2, 2010, the Plaintiff and the Defendant entered into a contract on the sales agency for the Plaintiff and the Defendant (hereinafter “B”) with a shop located in the B complex located in the Geumcheon-gu Seoul Metropolitan Government and two lots owned by the Defendant (hereinafter “B”).
c) commercial buildings in the complex and C(hereinafter referred to as “C”).
) Total 2 Dongs (hereinafter “instant commercial buildings”).
2) The Plaintiff’s sales contract on behalf of the Plaintiff (hereinafter “instant contract”)
2) The sales agency contract (hereinafter “instant contract”) prepared at the time of entering into the instant contract contains the following contents:
① Upon entering into the instant contract, the Plaintiff shall pay KRW 200 million to the Defendant the sales agency deposit in cash.
(Article 2(1). The time when the sale rate is to be returned shall be 100 million won when the sale rate is reached and the remaining KRW 100 million shall be refunded when the sale rate is reached.
(2) Sales agency fees shall, in principle, be 10% of the total sales price excluding the value-added tax of the object.
(Article 10(1). The sales agency fee shall be 40% of the fee at the time of payment of the down payment, 10% of the fee at the time of payment of the first or third intermediate payment, and 30% of the fee at the time of payment of the balance.
(3) The sale price shall be the amount set forth in Article 8, with respect to the sale price in excess of the amount set forth in Article 8, the original and the defendant shall distribute at the rate of 50:50, and the distribution amount shall be settled according to the schedule of the deposit of the buyer's purchase price.
(3) At the time of concluding the instant contract, the Plaintiff paid KRW 200 million to the Defendant as a sales agency deposit. (4) The Plaintiff sold only 31 out of the total 68 heading rooms of the instant commercial building.
The defendant shall pay the plaintiff the total amount of the sales agency fee of 36.0 million won.