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(영문) 서울중앙지방법원 2019.06.20 2018가단5218758

약정금

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. Around July 2016, the Plaintiff entered into a sales agency contract with the Defendant on behalf of 110 households of urban-type residential housing units among urban-type complex facilities located in D, “D” while the Defendant was newly built (hereinafter “instant sales agency contract”).

In addition, the plaintiff and the defendant set out in the above contract the amount of 3,000,000 won per household (2,500,000 won for parcelling-out fees and 500,000 for real estate work expenses) as an agency fee for parcelling-out of urban residential housing, and determined that the tax from the sales agency fee shall be borne by the plaintiff.

(Article VI, paragraphs 1 and 2). (b)

On January 24, 2017, the Defendant paid KRW 330,000,00 to the Plaintiff, respectively, for KRW 51,000,000 on April 17, 2017, and KRW 165,00,00 on March 26, 2018.

C. In addition, on October 6, 2016, the Plaintiff entered into an advertising agency contract with the Defendant on behalf of 50,000,000 won (hereinafter “instant advertising agency contract”) for all advertising and advertisement activities related to the sales of the above urban-type residential housing (production and implementation of printed materials related to the sales contract, such as the supply contract, etc., the former, promotional materials, newspapers, Internet advertisements, Internet advertisements, Internet advertisements, production and management of the website, etc.).

In the above contract, the plaintiff and the defendant reported the plaintiff's advertising agency business to the defendant in writing, and determined that they compensate for the amount paid in case of violation.

(Article 4) The defendant paid the above amount to the plaintiff on October 17, 2016 by paying KRW 50,000,000 to E.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3 (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the assertion is as follows: (a) the Plaintiff entered into the instant sales agency contract on March 20, 2017; and (b) the Defendant’s representative director paid KRW 330,000,000 to the sales agency fee of 110 households.