(영문) 의정부지방법원고양지원 2019.04.17 2018가단81949

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(영문) 의정부지방법원고양지원 2019.04.17 2018가단81949

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 4, 2017, the Plaintiff and the Defendant concluded a sales agency contract (hereinafter “instant contract”) with the following terms, which is granted from the Defendant the authority to vicariously sell the building in Sejong Special Self-Governing City C (hereinafter “instant building”).

Article 1 (General Matters)

2. 1) All the affairs related to advertisements and public relations as an agent for sale, and as a whole;

3. Agency fees: 4.5% of the total amount of sale in lots, and 2% of the rental amount.

5. Terms and conditions of payment of fees: Article 3 of the Act on Divided Payment (50% of the contract amount, 50% of the balance), on two occasions;

1. Upon entering into this contract, the Defendant shall grant the Plaintiff the following authority to sell the building in this case:

(1) Brokerage, counseling and guidance for sale; 2) All kinds of advertising and publicity offices and operations 3) and other services designated by the Defendant;

2. Affairs related to policyholders, such as the receipt and management of sale proceeds, conclusion of contracts, management of sellers, etc., shall be decided by the defendant;

3. The plaintiff may not re-entrust the sale agency to a third party without the consent of the defendant.

Article 6. The period of this sales contract (the period of this sales contract) shall be from April 3, 2017 to April 2, 2018.

Provided, That the contract period may be extended and shortened after consultation with Gap and Eul.

Article 8. Fees and Payment for Sales Agency

1. The sales agency fee shall be 4.5% of the sales price, regardless of the number of sales prices, and the rental agency fee shall be 2%;

2. The sales commission under paragraph (1) shall be value-added tax separately.

3. The method of paying the sales agency fee shall be 50% of the total fee when the defendant receives the down payment, and 50% of the balance when the defendant receives the down payment.

4. Where a contract for sale in lots is cancelled, no commission for sale in lots shall be paid and where it is paid at a time, it may be deducted from the fees to be paid later.

5. The time to pay fees under paragraph (4) shall be paid in cash on the date any cause for payment arises.

6. The plaintiff.

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