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(영문) 서울남부지방법원 2016.12.23 2016가단237763
분양수수료 청구 소송
Text

1. The Defendant’s KRW 421,967 as well as the Plaintiff’s annual rate of KRW 6% from September 1, 2016 to December 23, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that provides real estate services, sells buildings, etc.

The defendant (formerly changed trade name: S.) is a company that vicariously executes the sale of marina general industrial complexes within the Gangseo-gu Seoul Metropolitan Government Mapo Urban Development Project Zone.

B. The Plaintiff and the Defendant concluded a sales agency contract for commercial buildings located in the marina general industrial complex.

According to the above sales agency contract, when the plaintiff sells a commercial building, the defendant shall pay to the plaintiff the amount equivalent to 3% of the total sales price as a sales agency fee, and 1.5% of them shall be paid when 10% down payment is made after the conclusion of the sales contract, and the remainder 1.5% shall be paid when the part payment was made once.

B. On May 24, 2016, the date when the sale contract was concluded, the Plaintiff received KRW 49.5 million from the Defendant as the sale commission, which is 1.5% of the sale price.

C. The first intermediate payment payment date for the sales contract at the 7th floor of the above commercial building is July 10, 2016.

After the filing of the instant lawsuit, the Defendant paid KRW 49.5 million to the Plaintiff on August 31, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, Eul evidence 1-4 and 6, the whole purport of oral argument

2. According to the facts of the determination as to the cause of the claim, the Defendant paid the remainder of the sales commission to the Plaintiff on July 10, 2016, which was the date of the first intermediate payment of the seven entire commercial buildings, on July 10, 2016. The Defendant paid only on August 31, 2016, which was after the filing of the instant lawsuit.

From July 11, 2016 on the date following the due date for the payment of the purchase fee of KRW 49.5 million that the Defendant delayed, 423,123 won (=4,9.5 million won x6% x 52 days x 365 days, and less than won) per annum as stipulated by the Commercial Act from July 31, 2016 to August 31, 2016, on which the Defendant paid KRW 49.5 million to the Defendant, and the money paid by the Defendant is appropriated in the order of interest and principal.

Accordingly, when calculating the balance of the sales commission, 423,123 won, but the plaintiff 421,967 won.

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