용역비
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
1. The Plaintiff asserts to the effect that there was a defect in filing a formal objection on the payment order of February 22, 2013, issued by the Defendants, on the grounds that the Defendants did not affix their seals.
However, as long as the defendants' attorney submitted the above written objection along with the delegation form and expressed his/her intention to object to the plaintiff's request for the payment order, it is reasonable to view that the above payment order has become null and void and the demand procedure has become null and void, and no objection against the above payment order cannot be raised in the lawsuit of this case.
Based on facts 1) The Defendants jointly run real estate business with the trade name of “D,” and among them, Defendant B performed their duties as the representative of “D”. 2) On December 23, 2011, the Plaintiff entered into a sales agency contract with respect to F buildings scheduled to be newly constructed on the ground of “D and Gangnam-gu Seoul, Seoul (i.e., officetels from underground 1 to 2 floors on the ground, 4 to 19 floors on the ground; hereinafter “instant commercial building,” and “instant officetels”) (hereinafter “instant sales agency contract”), and the parts related to the instant case are as follows.
Article 3 (Conditions and Conditions for Payment of Sale Price and Sale Price) (1) Sale price of the object of a contract shall be the amount determined by the agreement between the "A" and the "B".
Provided, That "B" may propose an appropriate selling price to "A" in consideration of the situation of the sale market, etc., and in such cases, "A" shall be consulted with each other and actively cooperate so that it may be reflected to the maximum extent possible.
Article 8 (Fees for Sales Agency) The fees for sales agency under this contract shall be as follows:
Provided, That if it is necessary to change the sales agency fee due to changes in the sales market, it is possible to change the sales agency fee under the agreement between A and B.
The value-added tax of KRW 4.5 million per non-high-level officetel for the separate sales agency fee shall be 9% of the net sales price of the commercial buildings separately.