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(영문) 서울중앙지방법원 2015.07.17 2014가합540138
약정금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that completed the registration of incorporation on January 2, 2002 for the purpose of the comprehensive construction business, the sale of real estate, and the execution business.

Meanwhile, Defendant B (hereinafter “Defendant Company”) is a corporation that completed the registration of incorporation on May 25, 201 for the purpose of real estate sale agency business, real estate lease business, etc., and Defendant C is the representative director of the Defendant Company.

B. On October 19, 201, the Defendant Company entered into a sales agency contract with the Plaintiff to vicariously sell the instant building on behalf of the Plaintiff and receive the sales agency fee (hereinafter “instant sales agency contract”) with respect to E apartment units on the ground of Seodaemun-gu Seoul and three lots constructed by the Plaintiff (hereinafter “instant building”). The main contents of the instant sales agency contract are as follows.

Article 1(Purpose of this Agreement) The purpose of this Agreement is to promote the stability of the project by promoting the smooth promotion of the project and securing of buyers through professional marketing planning and marketing activities on behalf of "B" (the defendant company) for the affairs incidental to the sale (including the subscription and other services incidental thereto) of the object (the building in this case) above.

Article 7 (Fees for Sales Agency) "A" shall pay 6% of the sales agency fees for the above projects (Plaintiffs), for commercial facilities (living roots), for business facilities (business facilities), and 2% of the sales price for urban-type residential housing, as follows:

Provided, That the rent shall be determined by 1% without distinction between commercial buildings and urban residential housing.

(1) In principle, the rate of payment of sales agency fees according to the sales rate shall be 70% at the time of payment of the contract deposit and 30% at the time of payment of the first part payment.

Article 8 (Request and Payment of Fees) ① Claim and Payment of Fees for Sale by Proxy shall be made twice a month (15 days, 30 days) and “A” shall confirm the details of the claim of “B”.

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