logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2015.07.17 2015가합415
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person engaged in real estate development and sales and sales agency business, and the Defendant is the owner of an urban residential housing (studio-type) and neighborhood living facilities (hereinafter “instant building”) of the former C, D ground-based residential housing (studio-type) during the Ansan-si period that was commenced on March 25, 2013.

B. On April 12, 2013, the Plaintiff entered into a contract with the Defendant for the sale of each of the instant units of the instant building on behalf of the Defendant and as a result, to receive the sales agency cost of KRW 10,000,000 per one household from the Defendant (hereinafter “instant sales agency contract”).

The main contents of the instant sales agency contract are as follows.

1. The defendant shall provide a model voucher at the site of sale, and the sale price shall be as shown in the attached Form, and the terms and conditions of sale and the sale schedule shall be determined by mutual consultation.

2. The Defendant shall determine to the Plaintiff the sales agency cost of KRW 10,000 per household (including surtax).

The sales agency fee shall be 20% at the time of conclusion of the sales contract and 80% at the time of payment of the balance.

If a buyer renounces the penalty and fails to sell it, 20% paid at the time of the sale contract shall not be returned.

3. The plaintiff shall bear all the expenses incurred in selling, such as advertising planning (in the preparation of broitius), printed materials and advertising materials production, model voucher costs, advertising services, etc.

C. Meanwhile, the instant building was completed on January 3, 201 and was approved by the head of the Gu for use on February 3, 2014. However, each of the instant households was not sold until then. The Defendant leased the instant building to a third party after January 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 6-1 through 17, Gap evidence 7, Eul evidence 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant’s claim for damages due to the breach of the contract for the sale of this case’s sales agency contract is a model under the sales agency contract of this case.

arrow