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(영문) 서울중앙지방법원 2018.12.13 2017가합556356
약정금
Text

1. The Defendant’s KRW 883,123,460 for the Plaintiff and 6% per annum from August 26, 2017 to December 13, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs real estate consulting and service business, real estate trading and sales business, etc.

The Defendant, with the trade name of “C”, carried out the projects of constructing and selling the “I” (hereinafter referred to as “I”) on G and H ground in the same city as “E” (hereinafter referred to as “E”) and “F” (hereinafter referred to as “I”).

Article 4 (Commencement of Contract and Commencement of Business) (1) The date of completion of this contract shall be four months from the commencement date of sale in lots of this project (on November 16, 2015), and may terminate or extend the period by mutual agreement, if it is deemed that all business activities of B (referring to the Plaintiff; hereinafter the same shall apply) under the contract of the certified copy of sale in lots have been performed, or if it is necessary to extend the period of sale in lots of the project,

Article 6 (Sale Fees) (1) The sales agency service fees shall be applied to 10% of the sales price and the total amount of 10.5% of the sales price shall be paid in addition to 0.5% of the sales price for advertising promotional materials

(VAT separate). (2) The method of paying the sales commission shall be limited to a house for which the sales contract (10%) is fully paid and the intermediate payment is paid or the first intermediate payment is paid after the loaner’s written payment or the first installment payment is completed once or twice a month, and the Party A (hereinafter “Defendant”; hereinafter the same shall apply) shall pay the sales commission by settlement in cash on the enforcement date of each month.

(3) The payment of fees shall be 4% of the selling price after full payment of the sales contract (10%) and 6.5% of the selling price at the time of the completion of the first intermediate payment after the completion of the part payment.

Article 7 (Subject to Payment of Sales Fees) (1) Where a buyer concludes a sales contract with A and pays the down payment in full with the designated account of the sales contract in accordance with the provisions of Articles 10 and 11 of this contract and the sales contract, he/she shall pay the down payment as prescribed in Article 6.

Provided, That the subscription and resale of a provisional contract shall be subject to a fee in any form.

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