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(영문) 수원지방법원성남지원 2017.06.09 2016가합666
분양대행수수료
Text

1. The Defendant’s KRW 363,00,000 as well as the annual rate of KRW 5% from March 19, 2016 to June 9, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a person who operates a real estate sales agency business, and the defendant (B) is an implementer who newly constructs and sells accommodation facilities.

On the other hand, Hyundai Asan Co., Ltd. (hereinafter “Mosan”) is a person who participated in the new construction of “C” implemented by the Defendant as a contractor.

B. On March 10, 2014, the Plaintiff and the Defendant entered into a sales agency contract with respect to “C” (hereinafter “instant sales agency contract”) newly constructed on the land outside D and two parcels (hereinafter “instant hotel”). The main contents of the contract are as follows.

Article 2 (Liability Sale) (1) The plaintiff shall sell the object to be sold in lots at his/her responsibility.

The term "sale of responsibility" means that the plaintiff completes the defendant's target sale rate within the period of sale.

(2) The plaintiff shall complete the sale of at least 75 percent (226 guest rooms) of the defendant's object of sale within the period of sale in lots, within two months from the commencement date of sale in lots.

(3) The plaintiff's monthly goal of completion of sale is as follows:

D 1 D 2 months D D 3 months D 4 months D 1 month D 1 month D 1 month D 4 month D 180 46 46 d 46 d 26 226 250 256 256 301 10% of the target total sale ratio 60% 75% 85% within the period of liability guarantee (D 1 month), the plaintiff is unable to complete the target sale rate (60%) within the period of liability guarantee (D 1 month), the pre-sale contract amount of KRW 100,000 ( 1,000,000) shall be deposited into the actual contractor's list, and the target sale rate (60%) shall be responsible and completed.

In addition, when the plaintiff fails to complete the target sale rate (75%) within the period of liability guarantee (D2 months), it is necessary to deposit and treat the contract deposit (10%) with the list of actual contractor who submitted the pre-sale contract amount of KRW 1,00,000 ( KRW 1,00,000) in advance and to complete the target sale rate (75%).

The target sale rate shall be achieved within the responsible sale period.

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