(영문) 서울중앙지방법원 2019.02.13 2018가합539488

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(영문) 서울중앙지방법원 2019.02.13 2018가합539488

분양대행 수수료 등 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company that aims at real estate consulting, etc., and the defendant is a company that aims at housing construction business.

B. On September 5, 2017, the Plaintiff requested the Plaintiff to provide the sales agency services of officetels and neighborhood living facilities (hereinafter collectively referred to as “the instant new building”) newly built on the land outside Gangnam-si C and 22 parcels. The Plaintiff performed the sales agency services, such as support related to the sales contract and support for the operation of the sales publicity center, for the Defendant from the date of conclusion of the contract to the point of achievement of the Defendant’s goal, and entered into the sales agency service contract (hereinafter referred to as “the instant first contract”).

C. Of the instant contract No. 1, the content of the commission and expenses to be paid by the Defendant to the Plaintiff and the matters related thereto (hereinafter “instant special agreement”) are as follows.

[Contract of this case] Article 5 (Fee for Sale Agency Services)

1. “A” (the defendant’s words, hereinafter the same shall apply) is a fee for the sales agency of officetels (hereinafter referred to as “fee”) to be paid to “B” (the plaintiff’s words, hereinafter the same shall apply) as “B” (the level of VAT).

2.A fee for a neighborhood living facility sales agency service to be paid to “B” shall be 7% (excluding VAT) of the sales price.

3. Sales agency fees shall be paid by 70% at the time of a contract entered into by a buyer, and by 30% at the time of completion of the first part payment by a buyer.

Article 6 (Persons Eligible for “Fees”)

1. The term "person eligible for fees" shall be limited to cases where the down payment is paid in full (10%) and the installment contract is concluded;

2. In principle, a sale shall be substituted under the responsibility of “B” in the case of cancellation of a sale by reason of “B” before the date of completion of the contract period.

Article 7 (Payment Method of “Fees”)

1. “A” shall each month include “A” and “A advertising and promotional expenses.”

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