beta
Text
1. The Defendant’s KRW 155,593,810 and KRW 80,793,810 among the Plaintiff’s KRW 6% per annum from July 21, 2015 to July 13, 2016.
Reasons
1. Basic facts
A. On March 2, 2015, the Plaintiff entered into a contract with the Defendant on behalf of the Defendant for the sales of the first and second five households, the second and third and 38 households of Pyeongtaek-si building C, for three months from the date of the contract (hereinafter “the first sales agency contract”).
The defendant set up a housing exhibition center (based on model) by leasing a lessor with monthly rent of KRW 9,900,000 from December 1, 2014 to November 30, 2015, a deposit of KRW 120,000 from December 1, 2014, and a deposit of KRW 120,000 from November 30, 2015. The defendant had the plaintiff use the office of this case from the time of conclusion of the contract.
B. After that, on July 2, 2015, the Plaintiff entered into a contract with the Defendant to extend the sales agency service by August 10, 2015 (hereinafter “the second sales agency contract”).
At the time of the second sales agency contract, the plaintiff and the defendant agreed to move the office of this case to four floors without any condition until August 10, 2015.
C. Article 5 (Methods of Payment of Fees for Sale by Proxy) of the first service contract states that “1.3 shall provide the remainder except for the amount of KRW 217,000,000 other than the already subscribed or contracted head office 217,000,000 (attached Form No. 219,000) as sales agency fees (excluding value-added tax). The payment of fees is 1,2, 60% when the contract is concluded, 40% when the intermediate payment is made, 50% at the time of the second contract, 30% at the time of the second contract, and 20% at the time of the second contract.”
On the other hand, Article 3 of the second service contract (payment method of sales agency fee) is 1. The sales agency fee shall be the amount after deducting the deposit price from the sales price of the attached documents separately attached.
(Value-added Tax separate). 2. Payment of fees shall be 50% at the time of the contract, 50% at the time of the intermediate payment, and 50% at the time of the payment at the time of the first down payment, 30% at the time of the second down payment in the case of the third one, and part-payment loans.