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(영문) 대전지방법원 2017.07.12 2016가합1834
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The defendant as a party is a company established on February 12, 2014 by the members who are supplied with the commercial block 1,797 square meters of commercial land in Sejong City C block (the block number was changed in B, B.) as a residential countermeasure site, and a company established on February 12, 2014, which newly constructs and sells a commercial building E (hereinafter referred to as “instant commercial building”) which is a third underground and eight-story commercial building on the said commercial land.

F Co., Ltd. (hereinafter referred to as “Non-Party Co., Ltd.”) was established on February 13, 2014 by its members who are supplied with 2,016 square meters of G block commercial block in Sejong-si as a residential countermeasure site, and implemented a project by constructing and selling a H building, which is a commercial building of 3rd and 8th above the commercial site.

Article 2 of the Service Contract of this case Scope of Main Affairs

2.The scope of work to be performed or supported by I shall be:

(3) Affairs related to the establishment and operation of a sales office, advertisements, sales contracts, etc. shall be conducted in good faith as prescribed in Article 3.

5. A fixed dividend (the amount of KRW 89 billion prior to Sejong, KRW 9:10 million, KRW 10 billion, KRW 10:11 billion, KRW 11:00,000, KRW 11.123 billion, KRW 11:00,000) shall be promised and at the same time I shall be liable.

("PM") § 5. Vicarious enforcement (PM) and rates and payments of sales agency fees, if any, shall be responsible for the reduction of 50% fees and civil or criminal charges.

1.The fees for vicarious implementation (PM) shall be 2.5% of the selling price and the sales agency fee shall be 5.5% of the sales price;

(Standards for Sales)

2. The performance agency fees and the value-added tax on the sales agency fees shall be separately imposed;

3. When the sale in lots (before completion) in the course of the project is to be completed by 100%, the sales agency fee may be settled preferentially after deducting a certain portion from the mutual consultation;

4. The payment of the enforcement agency fee and the sales agency fee shall be paid directly from the trust company to the I passbook;

5. The commission for parcelling-out shall be interrupted in the smooth progress of business after consultation with the defendant and I whenever each subject matter is contracted;

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