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(영문) 서울중앙지방법원 2020.08.20 2019가합569394
위약금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company aimed at real estate sales agent, etc., and the Defendant is a company established for real estate development projects, etc.

Site area: A contract area of an industrial site of 1,14,969 square meters: 745,188 square meters: In selling the above goods of 462,017 square meters among the industrial site area of 745,188 square meters, the Defendant (hereinafter referred to as “A”) who is a project executor and the Plaintiff (hereinafter referred to as “B”) who is a sales agent, enter into a contract for the sale of the above goods as follows.

Article 2 (Scope of Sales in Lots)

5. “B” must complete the prior subscription (at least 45% of the area of this contract, and the prior subscriptioner shall be able to pass through the conditions of the due diligence of an eligible entity for part payments loans required under this contract) necessary for the business of the project by February 2019 and deposit 5% of the advance subscription deposit with D account at the responsibility of “B”.

Article 4 (Period of Contract) The period of this sales agency contract shall be 18 months from the date of conclusion of the contract, and the contract period may be extended and shortened after consultation with A and B.

Article 5 (Fees for and Payment of Sales by Proxy)

1. Sales agency fees shall be paid by 5% of the sales price in lots;

3. The subscription fees shall not be paid as an agent for the subscription, and shall be paid as an agent fees at the time of the sale in lots; and

Article 7 (Penalties's Penalty, etc.) Where the project exceeds the scheduled project (approval Date of Sale in September 2019) due to a cause attributable to A, B may claim against A for expenses incurred in the delay of the project, such as pre-business expenses, and for personnel expenses (calculated as KRW 4 million per month and per 4 million per month) for the delayed period, and A shall pay in cash the expenses.

B. On March 9, 2018, the Plaintiff entered into a sales agency contract with the Defendant with respect to a general industrial complex, and entered into a modified contract on August 21, 2018, which was finally entered into a sales agency contract (hereinafter “instant sales agency contract”).

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