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(영문) 서울중앙지방법원 2018.08.30 2017가합583259
분양대행수수료 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 187,651,691 to the Plaintiff (Counterclaim Defendant) and its related amount from December 8, 2017 to August 30, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a stock company with the purpose of real estate sales agency, etc., and the Defendant is the executor of the D development project in Jinju-si Co., Ltd. (hereinafter “instant development project”).

B. On April 19, 2017, the Plaintiff entered into a contract with the Defendant to vicariously sell D (hereinafter “instant building”) constructed pursuant to the instant development project as an agent (hereinafter “instant sales agency contract”).

Of the contents of the instant sales agency contract, those related to the instant case are as follows:

The location of indicated real estate subject to the lease: The scale of the building of the D development project: The size of the building of the D development project: the 24,399.37 square meters: The 24,39.37 square meters of underground and the 24,39.37 square meters of land: The plaintiff, such as the D 141 room, and the party to the neighborhood living facilities: the defendant: Article 2 (Scope of Business) (1) of the Trust: The scope of business to

1. All affairs of the advertisement for sale, including preparation of a draft plan for public relations and advertisement for sale in lots and the utilization of advertising and publicity materials;

4. The receipt of subscription for sale in lots, and the guidance for the conclusion of this contract Article 7 (Fees for Sale in lots) (1) shall be divided into the basic fees and performance fees for sale in lots (hereinafter referred to as "fee");

(2) The basic fees shall be determined by 6% (hereinafter separate value-added tax) of the sales of an object (excluding value-added tax) on the basis of an object the sale of which has been completed (hereinafter referred to as "sale of buildings in units" shall be deemed to have been concluded and fully deposited to the down payment) and the current status of "sale in units

(3) The terms "basic fees" and "performance fees" shall be paid in accordance with the following table:

The object is 5% of the sales of the object subject to the payment rate referred to in Article 8 at the time of short payment of the first intermediate payment at the time of payment of the basic fee, the performance fee, and the payment of the down payment.

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