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(영문) 서울중앙지방법원 2016.03.25 2015가합527316
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 426,302,817 and the interest rate of KRW 15% per annum from May 1, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is the executor of the sales business of Yeongdeungpo-gu Seoul Metropolitan Government building B (hereinafter “instant building”).

B. On May 24, 2013, the Plaintiff entered into a sales agency contract for the instant building (hereinafter “the first sales agency contract”) with the Defendant.

The Defendant agreed to pay the Plaintiff the service fee, sales presentation fee, advertising fee, etc., and the part concerning the service fee and sales presentation fee of the sales agency service contract prepared by the Plaintiff and the Defendant (hereinafter “instant sales agency service contract”) shall be as follows:

Article 9 [Service Fees for Sales Agency] ① Sales Agency Fees for Sales Agency shall be 2.0% (VAT Do, Cash) for officetels and 7.0% for neighborhood living facilities (VAT Do, Cash) for the total sales price (excluding VAT).

Article 13 (Obligation of Parties and Costs Borne by Defendant)

9. Sales presentation expenses (one-name M.G.M) paid in connection with real estate, policyholders, etc. shall be two million won per office of an officetel;

The total limit shall be 1/2 of the total number of households (734 rooms), and the defendant shall pay the defendant in addition to the project cost for each two weeks.

C. On January 10, 2014 and January 17, 2014, the Plaintiff entered into a sales agency service contract (hereinafter “Revised sales agency contract”) with the Defendant on the following terms: (a) the sales agency service fee for sales in lots or for sales in lots from December 5, 2013 to December 5, 2013; and (b) the sales agency fee for sales in lots; and (c) the sales agency service contract prepared by the Plaintiff and the Defendant on the sales agency service fee for sales in lots and the sales agency fee for sales in the following terms:

Article 4 [Change of Fees for Sales Agency Services in Lots] (1) Sales agency fees shall be nine million won per unit (VAT) based on the quantity of officetels unsold in lots.

(2) Sales agency service fees per office shall be the sales price of officetels and MGM expenses, advertising expenses, M/H communications expenses, office container equipment and furniture expenses.

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