A. 1) The Plaintiff is a company that conducts a sales agency business.

Defendant B (hereinafter “Defendant B”) is a company that carries on real estate development business, etc. and is a company that constructs and sells hotel E, which is a living accommodation in Jung-gu, Busan.

2) On September 5, 2019, the Plaintiff and Defendant B concluded an agency contract for the sale of E hotel. Among them, the relevant contents of the instant case are as follows.

* The period of sales agency services is six months.

* The Plaintiff shall act on behalf of the Plaintiff for all kinds of affairs necessary for the sale, such as guidance on the conclusion of sales contracts for E hotel 161 rooms and neighborhood living facilities, sales promotion business.

* Sales agency fees are KRW 13,00,000 per unit ( separate value-added tax) and shall be paid at the time of sales in ten rooms.

3) The Plaintiff concluded a sales contract by performing sales agency business for E hotel F heading, G heading, and H heading.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 and 7 evidence, the purport of the whole pleadings

B. Determination 1) Defendant B is obligated to pay to the Plaintiff delayed damages calculated at the time of parcelling-out of 42,90,000 won (13,00,000 won x 1.1 x 3) with the commission for parcelling-out under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until January 28, 2021, which is the date of the decision of this case, reasonable dispute as to the existence or scope of the performance obligation of Defendant B from February 25, 2020 following the service of the complaint on the above three rooms to the Plaintiff, at the rate of 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment (as seen earlier, the sale agency fee is to be paid at the time of parcelling-out of 10 rooms, but as to the conclusion of the sale contract at the expiration of the whole period of less than 30% per month prior to the expiration of the sale contract.