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(영문) 의정부지방법원 2015.09.17 2014가합9240
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. Around December 2012, the Defendant entered into a contract for sales agency services with the content that the Defendant entrusts the Plaintiff with the recruitment of members, etc. of A regional housing association apartment (total of 138 households) executed by the Defendant (hereinafter “instant sales agency contract”), and the content of the contract related to the payment of the service price is as follows.

In the instant sales agency contract, the Plaintiff and the Defendant expressed, as “members,” the recruitment of persons eligible for membership of a housing association scheduled to be established, and as “general sale,” the recruitment of persons who are not qualified for membership, without asking whether they are qualified for membership in order to prepare the initial business expenses of the Defendant, and later, the sale of specific methods by which the purchase amount can be repaid in money is “voluntary sale.”

Article 6 (Fees for Sale and Payment Method) (1) The total sales commission for 138 households of apartment shall be 680,000,000 won.

(2) The number of members of a cooperative and an apartment unit sold in general shall be 4,920,000 won per unit.

(3) Fees shall be paid in total when ten cases are aggregated.

④ The Defendant shall pay the Plaintiff fees by 70% at the time of the contract, and 30% at the time of the establishment of the regional housing association.

(5) The sales commission for five households in voluntary sale in lots shall be ten thousand won per household, and the settlement shall be made per household after an investor pays the down payment.

Provided, That if necessary for the promotion of the project, the sale at will (investment) shall be made separately by the plaintiff and the defendant.

(6) When joining a regional housing association member is inappropriate, the plaintiff shall be responsible for fees.

B. On January 9, 2014, the Plaintiff and the Defendant agreed on the instant sales agency contract, and the main contents of the said agreement termination agreement (hereinafter “instant termination agreement”) are as follows.

The plaintiff is the initial business cost of the defendant.

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