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(영문) 서울고등법원 2020.10.15 2020나2006908

분양수수료

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, with the exception of partial dismissal as follows:

(The main sentence of Article 420 of the Civil Procedure Act). [Attachment] 14 of the reasoning of the judgment of the court of first instance: Part 14 of the reasoning of the judgment of the court of first instance: "The defendant shall be entitled to the plaintiff the amount equivalent to the sales commission of the L's team leader requested by the plaintiff." "The defendant shall be entitled to the amount equivalent to the sales commission of the L's team leader requested by the plaintiff."

1) The Plaintiff’s team leader, such as the Defendant’s summary of rebuttal L, etc., was directly paid the sales commission from the Defendant. Accordingly, the Defendant paid the sales commission of the team leader to an individual who is not the Plaintiff. Therefore, there is no claim for the sales commission of the Plaintiff’s team leader against the Defendant. 2) Around March 2018, the Defendant entered into a sales agency contract with the Plaintiff on the instant building (hereinafter “instant sales agency contract”).

(2) The part of the instant building, which is the object of sectional ownership, in the course of concluding the instant building (hereinafter “the part of the instant building”).

(B) Upon entering into a sales contract with respect to the instant building, the Plaintiff made a verbal agreement to pay an amount equivalent to 6.5% of the parcelling-out price as a sales commission. (B) The Plaintiff recruited the team leader and team members from April 4, 2018 to 3 to 4 teams from around April 4, 2018 on the condition that the sales contract with respect to the instant building portion is concluded, and that the Plaintiff shall pay the amount equivalent to 1.5% of the parcelling-out price and 3% of the sales price as remuneration

(2) From the following point of view, the Plaintiff’s sales commission and the Plaintiff’s sales commission are paid to the team leader and team members, respectively. (3) The sales commission that the Plaintiff receives from the Defendant under the sales contract of the instant sales unit.