logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.01.15 2017가단20808
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 25, 2017 to January 15, 2019.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be admitted by adding to the whole purport of the pleadings the entries in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 3 and 5:

The plaintiff is a company mainly engaged in real estate sales agency business, and the defendant is a company mainly engaged in the new construction and sales business, sale, sale, lease, etc. of real estate.

B. On May 9, 2014, the Plaintiff and the Defendant concluded a contract for the acceptance of the sales right (hereinafter “instant service contract”) with the following details, and the Defendant paid KRW 15 million to the Plaintiff on May 14, 2014.

The purpose of the contract B (Plaintiff) is to provide services to Gap (Defendant) to acquire the right to sell a general apartment unit in the commercial reconstruction improvement project.

2. The total service cost of Eul shall be fifty thousand won; and

3. Time to pay service costs;

(a) A shall pay KRW 20 million out of the service costs as indicated in paragraph (2) to B, upon entering into the D Housing Rebuilding Co., Ltd.’s representative EF sale right contract.

(b)the remaining 30 million won out of the service costs shall be paid immediately when the contract for the right of sale is ratified by the contractor.

(c).

In the event that there is no ratification of the construction project as stated in the paragraph, A did not exercise the right of sale, but entered into a contract with E representative E to receive double-payment compensation.

In this regard, if Gap receives a double-amount compensation, he must pay the service cost of KRW 30 million to Eul immediately.

C. On May 12, 2014, Co., Ltd. and the Defendant concluded a sales agency contract (contract) with the authority to sell general apartment units (hereinafter “instant sales agency contract”) that is delegated by the D Housing Reconstruction Improvement Association to the general apartment unit unit (hereinafter “instant sales agency contract”), and the Defendant pays KRW 200 million with the deposit for sales agency (deposit), and E shall have the authority to sell the Defendant from the contractor after the approval for the project is granted.

arrow