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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established for the purpose of civil engineering and construction business, housing construction business, housing rental business, etc., and the Defendant is a corporation established for the purpose of real estate trust business, lease business, sales business, etc.
B. On November 5, 2018, the Plaintiff entered into a sales agency contract with the Defendant with the following terms and conditions that the Plaintiff would act as a sales agent for the Defendant (hereinafter “instant sales agency contract”).
The name of the indicated business for the object of the lease: D’s location: The scale of D’s accommodation facilities: 4 underground floors, 10’s living accommodation facilities, 267’s incidental accommodation facilities, and 226’s office: The purpose of this contract is to determine matters necessary for the Plaintiff to vicariously sell the object, and to ensure the successful completion of the sale of the project by the Defendant to vicariously sell the object pursuant to this contract.
Article 5 (Business Performance Period) The plaintiff's business performance period shall be from the date this contract is concluded to the date of completion (if the sale is completed within the relevant period, until the completion of sale).
Article 7 (Fees for Sale by Proxy) (1) The sales by proxy shall be divided into the basic fees and the MGM fees.
(2) A basic fee shall be paid 3,000,000 won per household as a basic fee.
Provided, That the payment rate shall be 70% at the time of payment by 10% of the sales price by each household, and 30% at the time of payment by the first installment payment.
(3) The MGM fees shall be KRW 5,000,000, and shall be paid at 100% when the sales price by household deposits at 10%.
(4) When the contract for sale in lots is cancelled, the basic fees referred to in paragraph (2) shall be adjusted for the cancelled household by the following methods:
1. Where the buyer is cancelled due to a cause attributable to the buyer - There is no basic fee before full payment is made - After full payment is made in the first part: 50% of the basic fee;
2. If a cause attributable to the defendant exists: The full amount of the basic fee.