용역대금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of the judgment on a new argument made by the defendant in this court, and thus, it is consistent with the reasoning of the judgment of the first instance.
2. Additional determination
A. Defendant’s assertion 1) Only when the buyer of a commercial building sold by the Plaintiff pays the remainder to the Defendant, the obligation to pay the sales agency fee under the said sales agency contract arises. 2) In order to refund the deposit amount of KRW 20 million paid to the Defendant under the sales agency contract, the Plaintiff disguisedly sold No. D and E immediately before the expiration of 15 days from the date of commencement of the sales business.
This constitutes grounds for cancellation stipulated in Article 11 subparagraph 6 of the above parcelling-out agency contract, and thus, the above contract is cancelled as the service of the briefs dated September 27, 2019.
3) The contract on the sale of goods by the Plaintiff was rescinded, and the Defendant concluded a new contract with J and completed the registration of ownership transfer for the above commercial buildings, and the Defendant is not obligated to pay the Plaintiff the sales agency fee for the above commercial buildings. (b) According to the statement in Gap evidence No. 4, Article 4 of the sales agency contract of this case can be acknowledged that "(1) performance is included in the conclusion of this contract, and (4) the sales agency fee shall be appropriated in full as the contract deposit and the fee shall be paid within seven days from the contract date." Meanwhile, Article 1 of the sales agency contract of this case provides that "All the conditions of the sale agency business in the sale of goods by lots shall be specified and mutually cooperate with the trust and good faith for mutual common interests shall be paid to the Defendant only when the seller of the commercial buildings sold by the Plaintiff has paid the balance."