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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a corporation that operates a sales agency and consulting business, and the Defendant is a public corporation that performs business, such as the development and supply of housing sites and the construction of housing.
On August 20, 2012, the Plaintiff entered into a contract with the Defendant for sales agency for the sales of housing unsold in Eunpyeong-gu Seoul Metropolitan Government A and 549 units (hereinafter “instant housing”) (hereinafter “instant sales agency contract”), and the main contents thereof are as follows.
Article 1 (Purpose) The purpose of this Agreement is to prescribe matters to be performed by the defendant and the plaintiff in the course of performing the sale agency business in good faith for the defendant's housing of this case.
Article 3 (Subject of Service, Agency Fees, and Terms and Conditions of Sale) (2) The agency fees for this service shall be 0.7% of the selling price per household (excluding the value-added tax), and all expenses shall be included in the agency fees.
(3) The Plaintiff is subject to the sale conditions currently in force by the Defendant, but it is subject to the changed sale conditions when the Defendant changed the sale conditions.
Article 4 (Period of Service Contract and Contract Commencement) The contract period of this service shall be from August 20, 2012 to December 31, 2012.
However, it may be extended or reduced according to the results of sale in lots, etc., and the plaintiff shall submit a commencement system within five days after the conclusion of the service contract and commence the sales agency service after completing the placement of the sales counselor, etc.
Article 5 (Payment of Target Parcelling-Out) The plaintiff shall achieve the unit allotment rate for the following month, presented in the second proposal (P/T data) from the date of the commencement of the service after the conclusion of this contract to the date of termination of the contract:
Section 7 of Article 7 (Business Scope) 1 of the number of households on November 2, 2012, 2012, September 2012, 2012, the scope of the defendant's business is as follows:
1. Conclusion of sales contracts and receipt of proceeds;
2. Matters to be borne by the defendant under Article 8 (Responsibility for Facilities and Expenses) (1) of the direction and supervision of sale by proxy and payment of sales by proxy.