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(영문) 인천지방법원 2016.10.28 2015가합3965
분양대행수수료등 지급
Text

1. The Defendant: (a) KRW 350,00,000 for the Plaintiff and 6% per annum from July 2, 2015 to October 28, 2016; and (b) October 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company established on June 16, 2014 for the purpose of real estate sales agency business, real estate advertisement, and advertising planning business, and the Defendant is a construction company established on September 12, 2002 for the purpose of comprehensive construction business (civil engineering and construction), etc., and added a new house construction business, sale, lease business, etc. to its business purpose.

B. On July 3, 2014, the Defendant: (a) sold D hotel 250 rooms to the Plaintiff; (b) on behalf of the Plaintiff, the Plaintiff sold D hotel 250 rooms within the building, Nam-gu, Incheon (hereinafter “instant hotel”); and (b) the main contents of the sales agency contract are as specified in attached Table 1.

(hereinafter “instant parcelling-out agency contract”). (c)

On January 23, 2015, the Plaintiff and the Defendant agreed to extend the contract period stipulated in the instant parcelling-out agency contract and to revise the terms and conditions of the payment of agency fees. The amendment took precedence over the instant parcelling-out contract and did not include the terms and conditions of the agreement (hereinafter “instant agreement”). The main contents of the agreement in this case are the issues established at the time of the instant agreement, namely, the number of 61 units, 202-204, 208-2010, 2013, 2015-2018, 2020, 2024, 2027, 2027, 210, 210-210, 214, 2216-213, 2216-214, 2212, 203, 2220-2318, 2024, 2027, 210-214, 212

(d) the same shall apply;

Around April 30, 2015, the Defendant shall notify the Plaintiff of the termination of the contract on May 1, 2015 pursuant to Article 2(1) of the Agreement, and Article 13 of the Agreement on Sale Agency. The document stating the purport that the entire reservation amount and the ownership of real estate under Article 12 belong to the Defendant pursuant to Article 13(2) of the Agreement on Sale Agency is a content-certified mail.

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