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1. The Defendant’s KRW 127,727,744 as well as 6% per annum from April 1, 2017 to June 20, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 26, 2016, the Plaintiff and the Defendant concluded a sales agency service contract for urban-type residential housing (hereinafter “C”) under construction outside B and one parcel (hereinafter “instant service contract”).
B. According to the instant service contract, the Plaintiff was performing the sales of C 148 guest rooms, and the Defendant agreed to pay to the Plaintiff 5% of the total sales (the sum of down payment, intermediate payment, and remainder due to sale), 40% at the time of the payment of down payment, 30% at the time of the payment of the first intermediate payment, and 30% at the time of the payment of the second intermediate payment.
C. The Plaintiff concluded a sales contract with the 141 household among the 148 households of the total sales unit C. On January 2017, with respect to the 133 household units, excluding the 8 household units among the 141 household units that concluded a sales contract, the Plaintiff paid the intermediate payment up to the 2nd intermediate payment, or the remaining 8 household units (hereinafter “China eight household units”) were the sales contract with the Chinese government, but the intermediate payment linkage loan was impossible.
The total sale price of 141 households for which the plaintiff entered into a sales contract is 23,942,652,00 won, and the total sale price of 8 households for China is 1,260,352,00 won.
The sales price of 133 households, excluding the above 8 households, is 22,682,30,000 won (23,942,652,00 won - 1,260,352,00 won). Thus, the sales agency fee for the sales agency is 1,134,115,00 won (22,682,30,000 x 5%) and if the value-added tax is added to 10%, the sales agency fee for 133 households is 1,247,526,50 won (1,134,115,000 x 1.1).
E. Since the Defendant’s fees paid to the Plaintiff up to the date are KRW 1,04,50 (from October 2016 to March 2017), the Defendant’s payment of KRW 203,00,000 ( KRW 1,247,526,500 - 1,04,526,500) out of the sales agency fees related to the said 133 households is unpaid.
[In the absence of any dispute, Gap 1 through 5]
2. Determination
A. The defendant's judgment on the grounds of the claim is with the above 133 households to the plaintiff.