분양대행수수료
1. The Defendant shall pay to the Plaintiff KRW 103,395,600 and the interest rate of KRW 15% per annum from May 19, 2018 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff is a person who is engaged in real estate sales agency business and related consulting business under the trade name of “C”, and the Defendant is a company that engages in construction business, housing sale and lease business, etc.
B. D Co., Ltd. (hereinafter “D”) implemented the “F apartment” construction project (26 square-type 93 households, 13 square-type 19 households) on the plot of land outside Gyeonggi-do, Seocheon-gun E, Gyeonggi-do.
C. On January 14, 2014, the Plaintiff entered into the instant sales agency contract between D and D with the purport that the Plaintiff would act as an agent for the sales of the F apartment. The main contents of the contract are as follows.
The scope of the business of the plaintiff's agency: The sales activities prior to the contract for sale, such as public relations and consultation for sale, the conclusion of the contract for sale and the receipt of the sale price, shall be conducted by D: From the contract date to the end of the second month.
Provided, That where the sales contract ratio as of the end of the six-month period is less than 60%, the contract period shall be 3% (excluding value-added tax) of the total sales amount, and it shall be prohibited to pay according to the sales performance: The plaintiff shall not act as a substitute for the service during the service performance.
Provided, That this shall not apply where prior approval is obtained in consultation with D in advance.
However, the Plaintiff failed to complete the sale of the F apartment within the original contract period, and the sales agency contract with D was extended by the implied agreement between both parties.
E. During that process, the Plaintiff received the introduction of the Defendant Company, who is interested in the sale of F apartment units through G, on the ground that the performance of the sales agency business was not good, and on July 21, 2016, the Plaintiff, the Defendant, and D entered into a contract with respect to 26 square 69 households among the unsold households in lots of F apartment units (hereinafter “instant sales object”), respectively, as follows.
The contents of the contract: The plaintiff shall transfer to the defendant the right to sell the object of sale in this case, and sell it in lots.