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(영문) 서울중앙지방법원 2018.11.07 2017가합558703

청구이의

Text

1. The Defendant shall pay to the Plaintiff KRW 206,05,680 as well as 15% per annum from August 17, 2017 to the date of full payment.

Reasons

1. Location of the object to be indicated on the agency contract for parcelling-out of apartment units in Gyeonggi-do: The name of the apartment unit of the Gyeonggi-do District Housing Association: The size of apartment units of the area A: 59,144.00 square meters (17,891.06 square meters) from the 20th underground floors to the 20th ground level: The total area: 156,427.02 square meters (47,328.30 square meters): the object of parcelling-out: the purpose of this contract is to facilitate smooth promotion and stability of the relevant project by the Defendant’s vicarious execution of the affairs incidental to the development project, by means of professional planning and marketing activities;

Article 2 (Scope of Duties and Data)

1. Upon entering into this contract, the Plaintiff shall grant the Defendant the full authority for the sale of the subject matter.

2. The plaintiff shall support the cooperation required in the course of performing the business of selling agency for the defendant, and the business activities of the agency.

3. The period of contract under Article 4 (Contract Period) is as follows: (a) Specific plans for sales activities and reports on the results of sales contracts; (b) management of sales offices and business members; and (c) other duties necessary for sales activities to be performed by the defendant are as follows:

1. Date of commencement: Contract execution date;

2. Date of completion: By the date of completion of parcelling-out of the objects for parcelling-out.

Article 5 (Deposit for Sale in Lots)

1. The amount of the security deposit for sale shall be two hundred million won per day;

(Payment of KRW 100 million per day at the time of the contract, and payment of KRW 100 million on January 31, 2013). 2. The refund of the security deposit shall be made on March 29, 2013.

(28% of the annual arrears shall apply to the security deposit for sale when the refund of the security deposit for sale is delayed)

3. As to the security deposit for sale, the Plaintiff shall conduct the authentication of a promissory note to the Defendant, and shall issue an apartment sale contract with the Plaintiff’s second apartment unit (34 square meters, designation of housing units, and completion payment contract for apartment sale) with the security right.

Article 6 (Fees for Sales by Proxy) Sales by Proxy (hereinafter referred to as "Fees") shall be as follows: