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1. The judgment of the first instance, including any claim that has been reduced or added by this court or any claim that has been changed in exchange.
Reasons
1. Basic facts
A. On September 13, 2017, the Plaintiff entered into a contract with the Defendant for sales agency (hereinafter “instant sales agency contract”) with respect to approximately 90 units out of the 112 units of Ulsan-gun Office Officetel D (hereinafter “instant building”) located in Ulsan-gun Office Dtel (hereinafter “instant building”) with a fixed period of six months for sales agency.
The main contents related to the instant case among the sales agency contracts of this case are as follows.
§ 3 (Contract Terms and Terms of Work) The period of this Service Agency Agreement shall be six months from the date of the contract.
Provided, That if necessary, the period of lease and sale agency for Gap (Defendant) may be extended.
Article 4 (Scope of Services) (1) The scope of services for Gap and Eul shall be as follows:
1. B shall bear all the duties and expenses related to the duties of sales personnel in the field of sales;
2. The expenses for the operation of the public relations center for sale in lots and the office for employees, the expenses for telephone bills, the public relations center and office maintenance expenses, the complex equipment, the expenses for expendable goods, etc.) shall be provided by Gap; and
Article 5 (Fees for Services in Lot and Time of Payment for Services in Lot) (1) In the event of sale of an officetel in the object of B, A shall pay the following fees to B:
(VAT (including). - The following - the rate of separate fee (%) 10% of the non-fixed deposit, 50% of the outstanding payment, 50% of the outstanding payment, 12 million won per room (including VT)
B. After the sales contract of this case, the Defendant offered the Plaintiff with the sales promotion office (F, G, and E) and the sales promotion office (E), and the Plaintiff commenced the sales agency business.
C. On October 13, 2017, the Plaintiff was acting as a sales agent for H among the instant buildings, and on the same day, received KRW 12,00,000 from the Defendant as sales commission.
In order to promote sale in lots around October 2017, the Plaintiff and the Defendant agreed to additionally pay KRW 3,000,000 (value added tax) for contract subsidies in addition to KRW 12,00,000 per unit unit sold to the Plaintiff by the Defendant.