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(영문) 수원지방법원 2017.09.28 2016가합77281
약정금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 80,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from March 18, 2016.

Reasons

(c) shall be.

(2) The sales agency service contract (hereinafter “instant service contract”) with the content that the Plaintiff will act on behalf of the Plaintiff in the sales agency.

A. Article 1 (Matters concerning Delegation and Implementation of Parcelling-Out Rights) “A” (the defendant, the same shall apply hereinafter)

(B) as the owner of a building for the vicarious sale of buildings in units, “B” (the plaintiff; hereinafter the same shall apply)

1. Matters concerning the decision of “A”, such as application money, selling price, payment terms and conditions of payments, terms and conditions of loans, sale status, unsold in lots, etc., shall be delegated to and subject to the following terms and conditions. Article 3(A) and “B” shall carry out sale in lots in accordance with the written guidelines of “A” (based on the standards for preparation of sales agency contract).

1. Payment of the sales commission: The amount of 25,000 million won (Won 25,000,000)/Won;

2. Payment of sales fees: 50% when a contract is concluded, and 50% when the balance is paid.

3. Claim for Sales Fees: twice a month (15th day, 30th day)** Special Terms and Conditions of Agreement shall take precedence over the terms and conditions of the Agreement, and shall be determined by mutual consultation.

1. It shall be increased by five million won when six or more contracts for the completion of sale or the completion of construction before completion are concluded within one month from the completion of a sampling;

(Provided, That this shall not apply to four cases), 2. When a false contract is acquired, an amount equivalent to five times the fee shall be refunded.

3. There shall be no incentive for less than six households within one month after the completion of a model house.

B. Among the instant service contract, the main contents regarding the Plaintiff’s sales business and sales agency fee are as follows.

C. As between September 21, 2014 and March 1, 2015, before the completion of the sampling No. 208 of the instant C building B, the Plaintiff concluded a sales contract with 11 households among the total of 19 households of the instant C building 19 households.

As above, the Defendant: (a) total sum of the sales commission for nine households from among the 111 households that the Plaintiff completed the conclusion of the sales contract = KRW 225,00,000 per household sales commission.

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