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(영문) 대전지방법원천안지원 2020.09.18 2019가합105163

약정금

Text

1. The Defendant’s KRW 579,981,086 as well as the Plaintiff’s annual rate from May 31, 2018 to January 2, 2020, and the following.

Reasons

1. The period of vicarious sale by the defendant under Article 2 (Period of Sale by Proxy and Price of Sale) of the basic facts shall be from the date of conclusion of the contract to the expiration date of the designation period of occupancy

2. The sales price to be paid by the Defendant to the Plaintiff during the period of sales agency is KRW 8,283,793,362 (including value added tax).

6. An agency fee for parcelling-out of the down payment may be claimed once from the date of commencement of parcelling-out, and all other all other expenses may be disposed of en bloc by the defendant, and the service agency fee may be settled after full payment of the sales price specified in paragraph (2) of the same Article.

Article 4 (Criteria for and Method of Payment of Commissions for Sale by Proxy)

2. The payment period of service fees for parcelling-out agency (excluding value-added tax) shall be determined to be paid on November 15, 2017 after filing an application for the commission for parcelling-out agency (excluding value-added tax) for each subparagraph in which a contract is completed on November 15, 2017; and the remainder of the sales agency fees shall be determined to be paid upon application for the standards for payment of remainder; Provided, That the defendant shall bear all the remainder of expenses until the balance settlement is settled;

3. The final settlement of the service commission for parcelling-out shall be made on May 30, 2018, in consideration of the fulfillment of the conditions according to the parcelling-out rate for the target;

Article 6 (Obligation of Defendant)

5. The defendant shall handle the following affairs related to the sale of the commercial building of this case at the defendant's responsibility and expense:

Establishment and implementation of detailed plans for sales activities (hereinafter referred to as "plan for sales activities")

A. On September 11, 2017, the Plaintiff entered into a contract with the Defendant for vicarious sale of the responsibility for part of the 43 rooms of the 1st apartment complex, which the Plaintiff sold in lots, and part of the 2nd apartment complex 42 rooms of the 43st apartment complex (hereinafter “instant service contract”). The main contents of the contract are as follows.

B. The Defendant paid to the Plaintiff KRW 7,703,812,276 out of KRW 8,283,793,362 of the amount stated in Article 2(2) of the instant service contract.

C. On December 28, 2017, the Plaintiff is the name of the sales agency service fee to the Defendant.