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(영문) 서울고등법원 2017.05.25 2016나2044323
용역비
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

Basic Facts

A. On December 1, 2014, the Defendant entered into a sales service contract with the Plaintiff for sales to the remaining households, excluding 301, 302, among the commercial buildings (in the case of the building of the third floor and the 12th floor above the ground; hereinafter “instant building”) located in Seongdong-dong, Seongdong-gu, Seoul, Seongdong-gu, Seoul (hereinafter “the building of this case”). The details thereof are as follows.

(hereinafter “instant sales agency contract”). Article 4 (Service Period)

1. The service period for a building concluded by Party A (referring to the defendant; hereinafter the same shall apply) and Party B (referring to the plaintiff; hereinafter the same shall apply) shall be up to three months;

2. If the sale rate after the commencement of sale in lots is low and it is judged that the objective of the sale in lots is significantly low in the judgment of Party A, Party B shall, at the request of Party A, terminate the construction site and the contract without any condition within five days in advance.

3. If a contract is terminated and a contract is terminated, the settlement and payment shall be completed according to the payment and standard of service costs under Article 8 in accordance with the part sold by B within five days and the rate of the contract.

Article 6 (Bearing of Expenses)

2.A shall provide B with sales offices and sampling boxes that enable B to deal with the sales service.

Article 8 (Payment of and Criteria for Service Fees)

2. Sales agency fees shall be paid by the seller at 100% at the time of payment of 10% of the sales contract deposit for officetels, and 100% at the time of payment of 10% of the down payment for commercial buildings.

4.A shall pay the sales agency fees of B as follows:

(1) Sales agency fees for the commercialized real estate shall be calculated as sales (excluding VAT), and 6% of officetels and 7% of commercial buildings shall be paid to Gap.

B. Meanwhile, if the Plaintiff sold the object to the Plaintiff at least 90% of the sale price (the original sale price) at which the object was originally set at around that time, the Defendant made a verbal agreement to pay the difference between the actual sale price and the original sale price as additional fees to the Plaintiff.

In other words, if the sale contract was concluded at the price corresponding to 93% of the original sale price, the sale contract shall be concluded.

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