(영문) 수원지방법원 2017.08.10 2017나54296

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(영문) 수원지방법원 2017.08.10 2017나54296

분양대행수수료

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 20, 2014, the Plaintiff entered into a sales agency contract with the Defendant with the content that the Plaintiff shall be entrusted with the sales of the instant building with the Defendant, and that the Plaintiff shall pay the Plaintiff 8% of the sales price in return for the performance of the sales agency service, and that the Defendant shall pay the Plaintiff 3% of the sales price at the time of the contract, 3% of the first part payment, 1% of the second part payment, 1% of the second part payment, and 1% of the remainder payment at the time of the payment within seven days from the date of each payment (hereinafter “instant sales agency contract”).

B. From August 2014 to November 2014, the Plaintiff sold 201, 202, 205, 206, 207, 301, 302, 304, and 802 among the instant buildings, and performed sales agency services under the instant sales agency contract.

C. Around February 2015, the Defendant terminated the instant sales agency contract on the ground that the Plaintiff’s sales performance was low.

After the termination of the sales agency contract of this case, the Defendant received additional payments for the remainder of the sales price for the said nine rooms, and the unpaid fees under the sales agency contract of this case are KRW 57,22,000 (hereinafter “the commission of this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 through 9 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff did not receive KRW 57,222,00, among fees to be paid by the Defendant pursuant to the instant sales agency contract, the Defendant is obligated to pay the Plaintiff the said KRW 57,222,00 and the damages for delay thereof.

B. Defendant 1’s sales agent is obligated to communicate with the buyers from the date of sale to the date of full payment, to resolve all civil petitions, and to manage the buyers so that they can pay in full.

유사 판례

-수원지방법원 성남지원 2017.01.17 2016가단212516

-전주지방법원 2017.05.24 2016가단8000

-서울중앙지방법원 2016.10.28 2014가합57957

-수원지방법원안양지원 2015.07.17 2015가합415

-서울고등법원 2020.09.16 2019나2008113