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(영문) 대전지방법원 2019.02.20 2017가합108107
분양대행수수료 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff is a company that operates a real estate sales agency business, and the defendant is a company that engages in real estate sales and lease business.

On April 7, 2017, the Plaintiff entered into a sales agency contract with the Defendant on the sales agency contract (hereinafter “instant sales agency contract”) for the “commercial building in the apartment complex” in the Gangnam-gu Seoul Special Metropolitan City, Dong-gu, and the E apartment complex (hereinafter “instant commercial building”).

The main contents of the instant sales agency contract are as follows.

[Indication of an object subject to sale] The details of the classification of a site location is as follows: F complex of a commercial site of 643.6590 square meters, G complex: 1,89.9500 square meters, G complex: 2,190.0140 square meters, and the size of a residential facility for the use of a building of 2,190.0140 square meters: The first underground floor, G complex: 44 units, G complex: 44 units, and 42 units (including both the general goods and additional goods entrusted to the general goods, among all the whole objects) in relation to the sale of a building of 42 unit (including both the Defendant and the Plaintiff; hereinafter referred to as the “Plaintiff”).

Article 4 (Sales Price of Subject Matters) The sale price of subject matters shall proceed according to the price list as determined by the defendant, but if it is necessary to adjust the sale price and sell it, the defendant and the plaintiff may adjust it through mutual consultation

Article 5 [Business Performance Period and Commencement of Sale] (1) Date of commencement: Date of conclusion of a contract for sales agency. (3) Period of sales agency shall be from the date this contract is concluded to the date the object is completed.

Article 7 [Fee for Sale by Units] (1) Fees for Sale by Units (hereinafter referred to as "Fees") shall be determined as follows:

The defendant shall be deducted from the sales commission if the plaintiff incurred monetary loss to the defendant due to his/her liability during the sales contract.

(5) All fees for the entire sale of an object shall be imposed on the Plaintiff.

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