beta
Text
1. The plaintiff's appeal and the claims added by this court are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
Basic Facts
The reasoning for this Court’s explanation is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, except for the modification of Chapters 5, 15, and 17 of the text of the judgment of the court of first instance as follows. Thus, this Court cited the text of Article 420 of the Civil Procedure Act, including the abbreviation thereof, as it is.
[수정하는 부분] ▣【인정근거】다툼 없는 사실, 갑 제1, 3, 4, 6호증, 을 제7 내지 15, 25, 33 내지 38호증의 각 기재(가지번호 있는 것은 가지번호 포함, 이하 같다), 제1심 증인 K, F의 각 증언, 당심 증인 L의 증언, 변론 전체의 취지 원고 주장 요지
A. In accordance with the instant sales agency contract, from July 6, 2016 to July 29, 2016, the Plaintiff sold a total of 24 units as shown in the attached Table among the instant buildings (However, the Plaintiff sold 11 units listed in the attached Table Nos. 2, 6, 11 to 13, 17 to 19, 21, 23, and 24 together with 11 units listed in the attached Table Nos. 2, 6, 11 to 19, 24, hereinafter “instant dispute”).
B. The Defendant paid only KRW 434,007,420 on August 2, 2016, to the Plaintiff the sales agency fee (including value-added tax) equivalent to 7% of the total sales price of 11 units in the instant dispute pursuant to the instant sales agency contract. However, the Defendant paid only KRW 217,03,710 on August 2, 2016.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the sales agency fee of KRW 217,03,710 (i.e., KRW 434,007,420 - KRW 217,003,710 (hereinafter referred to as the “instant sales agency commission”) and damages for delay.
C. Meanwhile, since the Plaintiff and the Defendant agreed to increase the sales agency fee from 7% to 9% of the total sales price after the sales agency contract of this case, the Defendant is a fee increased by the above agreement and equivalent to 2% of the total sales price of the said 24 units (i.e., rate of 9% under the above agreement - rate of 7% under the sales agency contract of this case) and 356,338,246 won (including value-added tax; hereinafter “the instant increase fee”) and its related thereto.