(영문) 서울고등법원 2016.12.21 2016나2048318

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(영문) 서울고등법원 2016.12.21 2016나2048318

분양대행 용역 수수료 청구

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1. The part against the defendant in excess of the following order of payment among the judgment of the first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. On March 2, 2015, the Plaintiff entered into a contract with the Defendant on behalf of the Defendant for the sales of the first and second five units of the building C (Housing and Officetel), the second and tenth and third and third generations (hereinafter “the first sales contract”) for three months from the date of the contract.

The Defendant: (a) leased a lessor D the fourth and fifth floor of the Seocho-gu Seoul E building (hereinafter “instant office”; (b) from December 1, 2014 to November 30, 2015, a monthly rent of KRW 9,900,000 for KRW 120,000 from December 1, 2014 to November 30, 2015; and (c) the Defendant had the Plaintiff use the fifth floor for the sales office from the time of concluding the contract.

B. After that, on July 2, 2015, the Plaintiff entered into a contract with the Defendant to extend the sales agency service by August 10, 2015 (hereinafter “the second sales agency contract”).

At the time of the second sales agency contract, the plaintiff and the defendant agreed to move the plaintiff's office to 4th floor without any condition until August 10, 2015.

C. Article 5 (Methods of Payment of Fees for Sale by Proxy) of the first service contract states that “1.3 shall provide the remainder except for the amount of KRW 217,000,000 other than the already subscribed or contracted head office 217,000,000 (attached Form No. 219,000) as sales agency fees (excluding value-added tax). The payment of fees is 1,2, 60% when the contract is concluded, 40% when the intermediate payment is made, 50% at the time of the second contract, 30% at the time of the second contract, and 20% at the time of the second contract.”

On the other hand, Article 3 of the second service contract (payment method of sales agency fee) is 1. The sales agency fee shall be the amount after deducting the deposit price from the sales price of the attached documents separately attached.

(Additional Value-Added Tax). 2. Payment of fees shall be 50% payment and intermediate payment at the time of the contract in the case of 1, and 2.

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