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(영문) 부산지방법원 2014.12.10 2014가합2917
분양대행수수료
Text

1. The Plaintiff (Counterclaim Defendant) from July 8, 2014 to the Defendant (Counterclaim Plaintiff) Co., Ltd. 11,50,000 won and its related amount.

Reasons

1. Basic facts

A. On November 30, 201, Defendant C entered into a concession agreement on the development project (hereinafter “E”) located in Busan District and Busan District (hereinafter “E”) located in D (hereinafter “instant project”). On December 5, 2012, Defendant C was designated as the operator of the instant project by the head of Busan District Office from Busan District Head Office on December 5, 2012.

B. Defendant C delegated Defendant B with the sale of sales facilities ( approximately approximately KRW 13,754.91 square meters) located on the first and third underground floors in E among the instant projects.

C. On June 12, 2013, Defendant B entered into a lease agency contract with the Plaintiff on sales facilities in the above E (hereinafter “instant contract”). D.

The main contents of the instant contract are as follows.

Article 5 (Contract Period and Target Sales Contract Rate) The contract period of the sales agency of this case shall be from the date of conclusion of this contract to the end of six months from the date of commencement of sale.

Article 11 (Fees for Selling in Lots) 1) Sales agency fees shall be 5.0% of the total amount of sales in lots (excluding value-added tax), and the following (the table) shall be written according to the sales performance. If 5.0% of the total amount of basic fees for the payment rate of the classification is less than 70% by the last day of six months following the commencement of sales in lots, 5% of the upper amount at the time of selling in lots shall be paid more than 0.5% of the reduced amount of incentives for selling in lots - the separate amount of value-added tax - the separate amount of value-added tax - the object of payment x contract ratio x contract rate of sales in lots x 2) conditions and methods for the payment of

(1) Sales agency fees shall be paid according to the payment rate according to the sales contract rate.

(2) The basic fee shall be reduced by 0.5% points at the end of six months after the commencement of sale, when the sale rate falls short of 70%, to be 4.5%.

(3) 50% out of the basic fees shall be claimed until the rate of sales in lots reaches 70%, and 50% shall be reserved.

(Provided, That a reserve shall be paid at the time of arrival of 70% within the last day of the third month).

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