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(영문) 서울동부지방법원 2014.08.12 2013가합102556
분양대금잔금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 180,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount from September 1, 2013 to August 12, 2014.

Reasons

1. Basic facts

A. On May 24, 2012, the Plaintiff (Counterclaim Defendant; hereinafter referred to as “Plaintiff”), a contractor constructing and selling D shop buildings in Seo-gu Incheon, Seo-gu, Incheon (hereinafter referred to as “instant commercial building”) concluded a sales agency contract (hereinafter referred to as “instant sales agency contract”) with the Defendant (Counterclaim Plaintiff; hereinafter referred to as “Defendant”) prior to the completion of the instant commercial building and entered into the sales agency contract with the following details.

The indication of the object of sale: The representative E of the commercial building of this case and the defendant of the sales agent shall conclude the following service contract for sales agency:

Article 1 (General Provisions) The plaintiff delegates the sale of the commercial building of this case to the defendant with respect to the goods subject to sale, the defendant shall perform the affairs delegated by the plaintiff in good faith.

Article 2 (Period of Service) The period of sales agency service shall be 12 months from the date of conclusion of the contract, and it shall conduct sales promotion activities in advance from two months before the date of public notice of recruitment.

Article 4 (Fees for Sales Agency Services) Sales agency fees shall be paid by the plaintiff to the defendant an amount equivalent to 2% of the sales price for each unit sold at the time of completion of construction.

The objectives of sale determined by the defendant are as follows:

Division D 7 months D 12 months D 40% 60% 90% special agreement

1. The above contract is made on the condition that the defendant purchases 102 store of the first floor of the commercial building of this case (21.8087 square meters in lots, 338,939,00 won in lots).

2. Therefore, the Defendant shall pay the down payment of one million won following the sale of the instant store by May 24, 2012, and the intermediate payment of KRW 200 million by September 30, 2012, and the remainder shall be paid by April 30, 2013.

3. In the case of a sale contract for the above cases, the plaintiff shall enter into a contract after deducting 3% (10 million won) of the sales commission from the defendant.

(Provided, That it shall be applicable only to the preparation of a contract within three months after the preparation of the contract for the service as a sales agency)

4. When a subsequent sale is scheduled, the Plaintiff shall pay a sales fee to the Defendant.

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