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(영문) 수원고등법원 2020.12.10 2020나12673
분양대행수수료 등
Text

All appeals filed by the Defendant-Counterclaim Plaintiff against the principal claim and counterclaim are dismissed.

Expenses for appeal shall be principal lawsuit and counterclaim.

Reasons

Facts of recognition

The reasons to be stated in this part are as follows with the relevant part of the reasons in the judgment of the first instance, except for the following reasons:

(The main text of Article 420 of the Civil Procedure Act is as follows. 4 to 2) The Plaintiff filed a claim with the Defendant for the payment of the sales agency fee (=10% of the value of supply) calculated under Article 4(3) of the instant contract during the said period. Specifically, the Plaintiff claimed KRW 652,504,00 on July 25, 2018 and received KRW 378,774,764 on August 1, 2018. The Plaintiff received KRW 1,202,363,487 on August 29, 2018 (including KRW 273,729,245, which was not paid on August 1, 2018) and received no dispute between the parties to the sales agency and the Plaintiff on August 31, 2018 (including KRW 273,729,245, etc.).

. Five (5) of the fifth (5) of the 5th (5) of the 2018 Hamman as “Seoul 19, 2018”.

“이 사건 건물 중 6층부터 10층까지”를 “이 사건 건물 중 O, P∼Q호와 6층부터 10층까지”로 고친다.

5. The lease contract was concluded in 7 pages, “...., entered into the lease contract (hereinafter “instant lease contract”).”

The reasoning for this part of this Court’s judgment as to a claim in this action is as follows, Section 2-A(c) of the reasoning of the judgment of the first instance except to add any dismissal or judgment below.

(The main sentence of Article 420 of the Civil Procedure Act). 6.6. “Fees” shall be added to “353,99,340 won equivalent thereto”.

7 One to one of the following shall move in:

Considering the following facts and circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, 2% portion of the sales commission (hereinafter “third commission”) between the Plaintiff and the Defendant to be paid at the time of achievement of KRW 14 billion among the sales commission for sales in lots (hereinafter “third commission”).

of this section, the Corporation shall not pay.

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