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1. The Defendant shall pay to the Plaintiff KRW 40,50,000 and the interest rate of KRW 15% per annum from June 19, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) entered into a sales agency contract with D Co., Ltd. (hereinafter “D”) and D-si, Gun-si, Gun-si, Busan (which was newly built as a rental apartment and the registration of ownership preservation was completed in the name of D on December 23, 2002; hereinafter “E apartment”).
B. As between November 16, 2015, F Co., Ltd. (hereinafter “F”) and C, F Co., Ltd. (hereinafter “F”) entered into a contract under which F Co., Ltd. (i.e., a 62 household unsold in lots (i.e., 15 square-type 26 household-type 21 square-type 36 household-type 36 household-type 15 square-type 26 household-type 26 household-type 20)
The main contents of the sales agency contract concluded on November 16, 2015 are as follows. The period of sales agency contract under Article 2 (Period of Sales Agency) is from the date of conclusion of the contract to November 30, 2015, and the period of sales agency under this contract shall be from the date of conclusion of the contract to November 30, 2015, and as for the goods sold in lots, the terms of maintenance of the contract to complete 80% of the target of sales within the said period, the ownership shall be transferred to a person designated by “B (F; hereafter the same shall apply in this paragraph)
1. When concluding a contract, the amount of 30 million won as a performance bond shall be paid to A (“C” (hereinafter the same shall apply in this paragraph) and the amount of 30 million won as the remainder of the performance bond shall be paid on November 30, 191.
Article 7 (Termination, etc. of Contracts)
1. “A” and “B” may terminate this Agreement if one of the parties to the contract fails to perform the terms and conditions of this Agreement.
Article 8 (Contract Guarantee)
2. “A” shall fully cooperate with the buyer in the procedures necessary for the transfer of ownership by the buyer for the household to which the balance has been deposited among the households sold by the buyer through the sale agency.
[Matters of Special Agreement]
2. Within the term of the contract (on November 30, 2015), 80% discount amount at the time of completion of the contract shall not be recognized in cases where the contract amount is agreed to be KRW 15:50,000,000 and KRW 21:1,000,000 within the period of the contract.
4. The down payment shall be five million won per household and designated G certified judicial scrivener.