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(영문) 수원지방법원성남지원 2015.10.22 2015가합202366
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The purpose of this contract is to facilitate the smooth promotion of projects and stability of the relevant project through specialized sale planning and marketing activities by the plaintiff's agent, by performing duties incidental to accommodation facilities and neighborhood living facilities (including subscription, lease, sale of housing, and business incidental thereto) of the above object, on behalf of the plaintiff, of approximately KRW 5,943.06 square meters (1,817.39 square meters) of the total floor area of 9 stories on the ground, 782.8 square meters (236.8 square meters) of the site area of the C building, accommodation facilities, and neighborhood living facilities in the area of the land located in the section of the section in which the object of the contract is indicated.

Article 2 (Duties of the Defendant) (1) Upon entering into this Agreement, the Defendant shall grant the Plaintiff the authority to implement and sell the subject-matter.

(2) The defendant shall provide documents and materials concerning the affairs of authorization, permission and execution.

Article 3 (Business Affairs of the plaintiff) (1) The plaintiff shall provide the defendant with data necessary for the performance of his/her business affairs for the execution and sale thereof.

Article 5 (Business Performance Period and Commencement of Sale) (1) The plaintiff's business performance period is as follows:

Provided, That if necessary for the performance of duties, the defendant and the plaintiff may extend the period of duties through mutual consultation.

1. Date of commencement: simultaneously with this contract;

2. Date of completion: 16 months from the commencement date of sale;

3. Where construction is not possible (the sale, etc. of this object) this contract shall become null and void;

Article 6 (Vicarious Execution and Sales Agency Fees) (1) Enforcement fees shall be 5% of the total sales price.

(2) The sales agency fee shall be 15 percent of the total sales price.

③ Payment of the commission under each of the above subparagraphs shall be 50% at the time of deposit of down payment and 50% at the time of the first intermediate payment, and the Defendant shall pay to the Plaintiff in cash.

Article 7 (Claims and Payment of Fees) (1) The defendant shall pay the down payment and intermediate payment within seven days from the date of deposit of the down payment and intermediate payment.

Provided, That where it is inevitable, consultation may be adjusted according to the circumstances of the defendant and the plaintiff.

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