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(영문) 서울고등법원 2017.04.26 2016나2084109
분양대행 수수료
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and against the Defendants corresponding to the above revoked part.

Reasons

1. Basic facts

A. The period of performing duties under Article 3 (Contract Period and Work Commencement) (Plaintiff) of the Contract for Sales Agency Services between the Plaintiff and the Defendants is from May 15, 2014 to the occupancy of the contract.

Article 6 (Service Fees for Sale in Lots) The service fees for sale in lots paid by Gap (Defendant C) to Eul shall be as follows:

The total sales commission (436.204 square meters) 1,141.98 square meters of commercial facilities (436.204 square meters) 8,758,000,000 won, 700,640,000 won in the area (per 770,704,00 won) of the object of subdivision

1. The sales agency fee shall be 8% (excluding the value-added tax) of the sales price (excluding the sales price);

Article 11 (Classification of Expenses to be Borne)

1. The following expenses shall be borne by A:

(1) Installation costs of a sales office (including basic facilities) (2) Kadags, leaflets, other promotional materials production and distribution (3) special terms and conditions of contract documents and receipts (1) shall be achieved within three months from the commencement date of the sales agency service contract, at the contract rate of 5.2 billion won or more, and where B fails to achieve the contract rate of 5.2 billion won or more, it shall be terminated, and the sales office may be replaced, and no objection shall be raised against B.

(2) B shall substitute a contract performance guarantee by depositing 50% of the amount of a sales commission in a deposit until the amount reaches 10% with the contract performance guarantee (700,640,000 won) x 10%.

(6) A shall set up 30 million won as expenses for public relations of sale and use it as expenses for actual advertising and publicity at the time of sale of commercial buildings.

(1) On May 15, 2014, the Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C”) perform the sales agency business of 15 commercial buildings (a total of 1,41.98 square meters) among the apartment and neighborhood living facilities buildings, 15 commercial buildings (a total of 1,441.98 square meters), which the Plaintiff newly built on the D ground in lusium C, and 8% of the sales price, excluding the value-added tax, to the Plaintiff.

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