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(영문) 울산지방법원 2017.10.25 2017가합20544
손해배상 등
Text

1. The Defendant’s KRW 111,845,840 for the Plaintiff and KRW 5% per annum from September 14, 2016 to October 25, 2017.

Reasons

. 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 plaintiff and the defendant may adjust the period through mutual consultation.

1. Date of commencement: The date of concluding a contract for sale agency;

2. Date of completion: The date of commencement of sale shall be the date the defendant notifies in writing separately.

Article 6 [Fees for Sales in Units] Sales in Units shall refer to 5.0% of the actual selling price of the factory (including the shops) for the object, and shall be additionally paid at the time of completion of the target selling price (90%) incentives of 0.5% of the selling price at the time of achievement of the target selling rate (90% within 24 months) under Article 7.

Article 7 [Period of Sale] The plaintiff shall set up and sell the target sale rate for each period (the total sum ratio of contracts, provisional contracts, and rental areas to the floor area of the scheduled unit sale) as follows:

Separate M 6 months M 12 months M 18 months M M 24 months M 30% 50% 90% * The time of sale period shall be based on the date of public announcement of the recruitment of occupants.

Article 9 (Guarantee of Contract Performance, etc.) (1) The plaintiff shall deposit KRW 70,000 ( KRW 70,000,000) with the defendant as contract performance guarantee within the date of public announcement of contract.

(2) A contract performance guarantee under paragraph (1) shall be reverted to the defendant if the contract is terminated pursuant to Article 13, and the defendant shall immediately refund the contract to the plaintiff when the contract is reached at least 30%.

Provided, That where it is necessary for the plaintiff to conduct marketing activities, etc., he/she may receive reimbursement even before consultation with the defendant.

Article 10 [Sharing Expenses, etc.] (1) The following expenses shall be borne by the defendant, but the defendant may, if necessary, have the plaintiff perform part of the expenses on his/her behalf:

In such cases, the details of publicity and advertisement shall be subject to prior approval from the defendant.

1. Expenses for advertising through the press media;

2. The public relations office, the sales office, the list, the leaflet; and

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