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(영문) 서울중앙지방법원 2021.01.20 2018가합567131
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff 391,962,778 won and the interest rate of 15% per annum from April 1, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a business operator who runs the business of constructing officetels (352 households) with the size of 20 stories above the fifth floor above the ground and neighboring neighborhood living facilities (hereinafter “the instant officetels”) on the 4 pages of Seocho-gu Seoul Metropolitan Government, Seocho-gu, and the Plaintiff is a sales agent of the instant officetels and the E Co., Ltd. (hereinafter “E”) are sales advertising agents.

2) The F Co., Ltd. (hereinafter “F”) is a company that runs real estate investment and development consulting business, etc., and F’s representative director G holds not only F but also 100% of the shares issued by the Plaintiff and E and actually operates each of the above companies.

B. On April 6, 2016, the Plaintiff entered into a contract with the Defendant Company to sell the instant officetel on behalf of the Plaintiff and to receive service fees (hereinafter “instant sales agency contract”).

The contents of this case are as follows:

Article 4 (Period of Sales Agency Services and Sales Target Rate) Article 7 (Period of Sales Agency Services and Sales Target Rate) of the Sales Agency Service Contract for Sale by Sales Agency) Article 7 (Additional Value-Added Tax) of the Sales Agency Service Contract for Sale by Sales Agency) shall be the following amounts until the date of completion of sales by one month prior to the public announcement of the recruitment of occupants:

(1) Officetel: 2,112,00,000 won per household (x 352 households per household): Provided, That where sale in lots is adjusted, it shall be subject to a separate agreement.

(3) The cost of services shall be the result of services rendered by Party A or the market corporation, even if sold in lots.

2) On the above day, E entered into a contract under which the Defendant Company will carry out the business of advertising the instant officetels as an agent and receive service fees (hereinafter “instant advertising agency contract”).

The contents of this case are as follows:

. Sale in lots;

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