(영문) 수원지방법원성남지원 2019.04.24 2017가단22697

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(영문) 수원지방법원성남지원 2019.04.24 2017가단22697

분양대행사업권중개수수료

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1. The Defendants jointly and severally committed against the Plaintiff KRW 95 million and Defendant B, as from November 30, 2017, respectively.

Reasons

1. Basic facts

A. A. (1) Around March 2017, the relationship between the parties and the Defendants’ sales agency contract, etc. (1) the Plaintiff introduced the right of sales agency business for the construction site of Daejeon E Officetel (hereinafter “instant officetel”) conducted by Daejeon E (hereinafter “instant officetel”) to the Defendant and F (in-house directors of Defendant C”), and the Defendant Company B (hereinafter “Defendant B”) entered into a sales agency contract on March 20, 2017 on the condition that the sales commission is paid to the Nonparty Company for an officetel per 7.8 million won per office.

(2) On March 2017, Defendant B and F entered into a business agreement on the sales agency business of the Defendant B and F (hereinafter “instant sales agency business”). The main contents are as follows.

A Co., Ltd. (hereinafter referred to as “A”) and F (hereinafter referred to as “B”) shall enter into an agreement with respect to the sales agency business under the business agreement as follows:

Article 2. Fees for Sales Agency and Payment of Deposit Money

1. The sales agency fee shall be paid to Party A immediately after receiving the fee from the trust company;

2. Sales agency fees shall be allocated to Gap and Eul in the remainder, excluding all expenses incurred in the project from March 16, 2017, to the profits of 50%/50%.

A shall pay 200 million won to B in addition to the revenues of Party A.

This contract for the service of parcelling-out shall be signed and sealed by two copies of the contract in order to conclude and prove the service contract for the service of the parcelling-out agency, and the two copies of the contract shall be signed and sealed by Gap and Eul, respectively, in relation to the service of the parcelling-out agency (hereinafter referred to as "A") with the representative director G (hereinafter referred to as "A") who is the requester of parcelling-out agency (hereinafter referred to as "B") and the representative director C. F (hereinafter referred to as "B") who is the sales agency.

Article 5 (Conditions of Sale Agency and Sales Agency Fee) The payment method of the sales agency fee to be paid by A shall be as follows:

(3)

유사 판례

-부산지방법원 동부지원 2018.05.30 2016가합105038

-서울고등법원 2014.10.24 2014나20921

-수원지방법원성남지원 2013.06.26 2012가합201980

-서울중앙지방법원 2018.07.18 2017가합536277

-의정부지방법원 2018.11.07 2017가합57769