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(영문) 대전지방법원 2019.05.02 2017가합2230
용역비
Text

1. The Defendant’s KRW 69,100,427 as well as the Plaintiff’s KRW 5% per annum from April 5, 2018 to May 2, 2019, and the following.

Reasons

1. Basic facts

A. The Defendant’s acquisition and remodeling of the ownership of the Defendant’s commercial building 1) As to the 1st floor underground and the 5th floor D commercial building in Jung-gu, Daejeon, Daejeon, the aggregate building 1) as an aggregate building (hereinafter “Defendant Company”).

(2) On November 9, 2015, the Defendant Company purchased it and completed the registration of ownership transfer in its own future. (2) On December 8, 2016, the Defendant Company conducted remodeling construction for the said D shop building, and completed registration of change to the title section of the real estate register due to the 1st floor underground, the 5th floor E sales facilities and neighborhood living facilities (hereinafter “instant commercial building”).

(see Evidence A 10). (b)

On January 14, 2017, F represented by the Defendant Company that entered into a contract for sales agency services with the Plaintiff (hereinafter “Plaintiff Company”) entered into a contract for sales agency services of the following contents (only the part related to this case) with the Defendant Company, under the reason that: (a) the Plaintiff Company would act on behalf of the Defendant Company for the sales agency for the instant commercial buildings owned by the Defendant Company; and (b) would receive sales agency fees (excluding value-added tax) equivalent to 7% of the sales price from the Defendant Company:

(See Evidence A No. 1). Article 3(3) of the Act refers to the amount calculated by subtracting value-added tax after multiplying the unit selling price per area by the total selling area.

Paragraph 4, "total sales amount" means the total amount issued by a normal sales contract.

Article 5(2) B (referring to B, i.e., Plaintiff Company; hereinafter referred to as “Plaintiff Company”)’s expenses and duties of sales agency services to be performed under the responsibility shall be as follows:

Specialized in the operation, maintenance, and sale of the sales office under subparagraph 2, in the affairs of planning and marketing strategies related to the overall sales business under subparagraph 1;

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