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(영문) 서울중앙지방법원 2016.12.22 2016가단47711
분양대행수수료
Text

1. The Defendant shall pay to the Plaintiff KRW 155,100,000 and the interest rate of KRW 15% per annum from May 12, 2016 to the date of full payment.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 8 (including branch numbers; hereinafter the same shall apply).

The plaintiff is a company that is engaged in real estate enforcement business, sales agency business, etc., and the defendant is the executor of the "Rail Line Hotel" (hereinafter referred to as "the building of this case") located in 354-32 of the Manun-Eup, Gangwon-do.

B. On April 6, 2015, the Plaintiff entered into a sales agency contract with the Defendant for the instant building (hereinafter “instant contract”) or the instant contract.

The Defendant paid the sales agency fee of the instant building in the form of KRW 16 million per guest room. Among them, KRW 10 million was paid at the time of paying the down payment, the remainder of KRW 6 million was paid at the time of the payment of the first intermediate payment.

C. In addition, on April 6, 2015, the Defendant agreed to pay three million won per guest room to the Plaintiff at the time of depositing the first intermediate payment, even in the case of selling the guest room at A, which is an existing sales agent, at the time of depositing the loan in the first intermediate payment.

(hereinafter referred to as the “instant agreement” or “instant agreement”). D.

However, the Defendant did not pay to the Plaintiff KRW 112,20,000 (including value-added tax) totaling KRW 17 sales agency fees (including value-added tax) incurred on December 2015 and KRW 42,90,000 (including value-added tax) totaling KRW 13 sales agency fees for which the intermediate payment was provided by the instant agreement and the intermediate payment was provided by the Defendant.

E. The Plaintiff extended the term of the instant contract that was scheduled as of September 5, 2015 between the Defendant and the Defendant by October 13, 2015, and sold 162 out of 187 guest rooms of the instant building.

Accordingly, the sales rate of the guest room of the instant building sold by the Plaintiff reaches 86.66%.

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be the defendant.

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