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1. The Defendant’s KRW 167,005,119 for the Plaintiff and KRW 6% per annum from October 16, 2018 to November 21, 2019.
Reasons
1. Basic facts
A. The Defendant is the executor of the business that newly constructs and sells “D” (hereinafter “D”) on the ground of Sejong Special Self-Governing City and the business that newly constructs and sells “F neighborhood living facilities” (hereinafter “F”) on the ground of Sejong Special Self-Governing City, and the Plaintiff is a company that entered into a contract with the Defendant for the vicarious sale of each of the above buildings with regard to each of the above buildings.
A sales agency contract (Evidence 2) etc. is indicated as “G” and “H,” but it shall be governed by “D” and “F”, which are the names indicated in the collective building ledger, and all the registered matters, (see Evidence 5, 6-1, 6-6).
On May 20, 2016, the Plaintiff and the Defendant concluded a sales agency contract for D (hereinafter “instant sales agency contract”) with respect to D, and on April 17, 2017, a sales agency contract for F (hereinafter “instant sales agency contract”) with respect to F.
Of the terms of the second sale agency contract of this case, the parts related to this case are as follows.
Article 2 (Period of Contract) The contract period of vicarious execution shall be from April 15, 2017 to December 14, 2017, and where it is necessary to extend or reduce the contract period, the defendant and the plaintiff may extend or shorten the contract period through mutual consultation, and when the contract period is extended, the defendant and the plaintiff may change the conditions, etc. of vicarious sale.
Article 4 (Fees for Sales by Proxy, Rent by Agent, and Payment Method) (1) Fees for sales by proxy
1. The sales commission for commercial facilities shall apply 9% (excluding value-added tax) of the sales price (excluding the value-added tax) of the subject matter of sale;
2. Final lease proceeds or discount for sale (8% of the sale price (excluding value-added tax) shall be paid by the defendant to the seller separately for sale;
Provided, That only the fixed-lease profit subsidy or the unit room with the discount price of sale within 8% of the supply price shall be limited to the remainder rental profit subsidy and the discount price for sale shall be the plaintiff after the first implementation of part payments.