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1. The Defendant: (a) KRW 257,948,99; and (b) 5% per annum from March 11, 2008 to July 25, 2014 to the Plaintiff.
Reasons
. Determination on the claim for the sale agency fee (determination on the main claim);
A. 1) The plaintiff is a company that sells housing and commercial buildings by proxy. The defendant is a reconstruction association established with land in Songpa-gu Seoul as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on November 13, 2003 (hereinafter "Urban Improvement Act").
B) On November 2007, the Plaintiff is a commercial building in the Songpa-gu Seoul apartment complex that the Defendant and the Defendant newly built (hereinafter “instant commercial building”).
(2) The sales agency contract of this case (hereinafter “instant sales agency contract”)
The main contents are as follows. The total area of the area for exclusive use by each floor of Article 4 (Size and Sale Price) is as follows:
(a) A (referring to the defendant) shall pay 7% of the total sale price under Article 4 to B (referring to the plaintiff) for each contract shop as agency fees;
(b)The payment of fees shall be 30% at the time of the deposit of the down payment, 40% at the time of the deposit of the first half of the down payment, and 30% at the time of the balance payment, respectively, at the settlement rate on the following day from
(c)the fee shall be deposited into the designated account of B;
Value-added tax shall be excluded.
C) On December 4, 2007, the Defendant: (a) KRW 4,937,568,420 for the sales price of KRW 103 121 among the National Agricultural Cooperative Federation and the instant commercial buildings (i.e., value-added tax of KRW 2,99,568,420 for the building price of KRW 2,95,68,684,200 for the building price of KRW 1,642,315,80); and (b) KRW 4,702,762,50 for the sales price of agricultural products and the instant commercial buildings (=2,853,225,00 for the building price of KRW 2,853,225,00 for the first floor among the instant commercial buildings).