(영문) 서울중앙지방법원 2017.03.23 2016가합504464

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(영문) 서울중앙지방법원 2017.03.23 2016가합504464

분양대행수수료 등 청구의 소

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1. The Defendant’s KRW 63,274,340 and KRW 61,876,80 among the Plaintiff’s KRW 61,876,80, annually, from November 11, 2015 to March 23, 2017.

Reasons

1. Facts of recognition;

A. On June 29, 2015, the Plaintiff and the Defendant entered into a sales agency service contract (hereinafter “instant service contract”) with the Defendant to assign the Plaintiff’s human resources to the sales agency business of B hotel located in Pyeongtaek-gun, Gangwon-do (hereinafter “instant hotel”) for the purpose of the Defendant until the completion of sale. In return, the Plaintiff and the Defendant entered into the sales agency service contract with the Defendant to receive the sales agency fee from the Defendant (hereinafter “instant service contract”). Detailed matters concerning the payment method, etc. of the sales agency fee are as follows.

Article 4 (Sale Agency Fees and Target Sale Rates) 50% to 70%, below 50%, below 50%, below 50% to 90%, and above 8% to 90%, and 11%, 30%, 50%, 90%, 100%, and 100 million won, 100 million won, when completion of April 14, 46, shall be 10 million won, as set out in the following table:

(2) Sales agency fees shall be paid 50% when a contract is concluded, and 50% when the first intermediate payment is deposited.

(3) "B" shall claim fees to "A (the defendant; hereinafter the same shall apply)" at the end of each month, along with a tax invoice, only for the households that have entered into an actual contract (payment of the full amount of the contract and issuance of the contract), and "A" shall confirm the details of the claim and pay the fees within ten days from the absence of any error.

Article 7 (Bearing Expenses Incurred in Promotion and Sale) (1) The following expenses shall be borne by "A":

1. Conclusion of a contract for vicarious parcelling-out and payment of fees for vicarious parcelling-out (Article 4 shall govern);

2. Monthly advertising expenses of 1.2.5 billion won (payment in total of 1.5 billion won for 12 months);

3. “A” shall pay advertising expenses referred to in paragraph 1 of this Article to “B” on the first day of each month, and “B” shall submit the details of the use of advertising expenses to “A”.

4. Personnel expenses for the employees of "A" in the sales office;

5. Management and operation expenses of the parcelling-out office.

유사 판례

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