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(영문) 서울고등법원 2018.05.18 2017나2061875

약정금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

. The instant service contract refers to “instant service contract”

B. Of the instant service contract, the key contents of the Plaintiff’s sales business and sales agency fees are as follows: “A” (the Defendant; hereinafter the same shall apply) Article 1 (Matters concerning delegation and implementation of sales authority).

(B) as the owner of a building for the vicarious sale of buildings in units, “B” (the plaintiff; hereinafter the same shall apply)

1. Matters concerning the decision of “A”, such as application money, selling price, payment terms and conditions of payments, terms and conditions of loans, sale status, unsold in lots, etc., shall be delegated to and subject to the following terms and conditions. Article 3(A) and “B” shall carry out sale in lots in accordance with the written guidelines of “A” (based on the standards for preparation of sales agency contract).

1. Payment of fees for the sale of buildings in units: The amount of million won (25,000,000 won)/ the bank of bonds;

2. Payment of sales fees: 50% when a contract is concluded, and 50% when the balance is paid.

3. Claim for Sales Fees: twice a month (15th day, 30th day)** Special Terms and Conditions of Agreement shall take precedence over the terms and conditions of the Agreement, and shall be determined by mutual consultation.

1. Within one month of the completion of a sampling and/or within one month of the completion of construction of a sampling and/or five million won in the case of a negotiated contract with at least six parties prior to the completion of sale (hereinafter referred to as “catch”);

(Provided, That this shall not apply to four cases), 2. When a false contract is acquired, an amount equivalent to five times the fee shall be refunded.

3. There shall be no incentive for less than six households within one month after the completion of a model house.

The following shall be:

C. As between September 21, 2014 and March 1, 2015, before the completion of the sampling No. 208 of the instant C building B, the Plaintiff concluded a sales contract with 11 households among the total of 19 households of the instant C building 19 households.

The Defendant, as above, out of the total amount of the sales commission for nine households among the 111 households that the Plaintiff completed the conclusion of the sales contract (=25,000,000 per household sales commission x 9 households) and the sales commission for the remaining two households.