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(영문) 서울고등법원 2014.10.24 2014나20921
용역비
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs are due to the principal lawsuit.

Reasons

On April 13, 2009, the Plaintiff is running sales agency and real estate consulting business from April 13, 2009.

On April 13, 2012, H took office as the Plaintiff’s internal director, and on June 30, 2013, I taken office.

The Defendants are personal entrepreneurs who jointly engage in the real estate business under the trade name of “D” (the opening of April 1, 201), and No. 1 (the business registration certificate). Of them, Defendant B, as the representative of “D, carried out the business.”

(A) On December 23, 201, the Plaintiff entered into a contract with D to sell a F building that is scheduled to be newly built on the ground of Gangnam-gu Seoul Metropolitan Government (referring to a commercial building, a 4 to 19 floors on the ground from the ground level 1 to the 2nd floor on the ground level; hereinafter “instant commercial building” and “the instant officetel”).

(hereinafter referred to as the “instant parcelling-out contract”). Among them, the parts relating to the instant case are as follows:

[Written contract for the sale of buildings in this case, which is the object of the above contract, D (the defendant; hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") who is the sales agent of buildings in this case, enter into a single sale agency contract (hereinafter referred to as "this contract") as follows.

Article 3 (Conditions and Conditions for Payment of Sale Price and Sale Price) (1) Sale price of a subject matter of a contract shall be determined by agreement between A and B.

Provided, That "B" may propose an appropriate selling price to "A" in consideration of the situation of the sale market, etc., and in such cases, "A" shall be consulted with each other and actively cooperate so that it may be reflected to the maximum extent possible.

Article 8 (Fees for Sales Agency) The fees for sales agency under this contract shall be as follows:

Provided, That where it is necessary to change the sales agency fee due to changes in the sales market, the agreement between A and B shall be made.

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