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(영문) 서울중앙지방법원 2016.09.23 2016가합509308
용역비
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 137,601,711 and its amount from June 21, 2016.

Reasons

1. Basic facts

A. On May 7, 2015, the Defendants: (a) purchased 1,525 square meters of land A and removed the relevant ground buildings; and (b) agreed to jointly implement the instant project (hereinafter “instant project”) with respect to the construction of an officetel of six stories below ground, 14 stories above ground, and a new construction of and sale of an officetel of 6 stories above ground, 14 stories, business facilities, and neighborhood living facilities, by pre-sale after the pre-sale (hereinafter “instant officetel”).

B. The Defendants, on September 1, 2015, engaged in real estate sales agency business, etc. and the instant business management and the instant officetel sales agency service contract (hereinafter “instant service contract”) under Article 3 (Business Management and Sale Agency Business ) (1) of the instant service contract (hereinafter “instant service contract”), are as follows.

1. Registration of and report on the guarantee for sale in lots;

2. Vicariously managing the amount of contracts;

3. Vicarious occupancy management;

4. Model houses construction works;

5. Advertising towers;

6. Operation of model hybrids;

7. Sales by proxy of officetels;

8. Selling neighborhood living facilities by proxy;

9. 10. Other affairs incidental to subparagraphs 1 through 9. 10. 10. 1. The service period of the plaintiff under this contract shall be from the date of conclusion of this contract to the date on which the service of the plaintiff under paragraph 1 of Article 3 is completed.

(2) The period of service providing under the preceding paragraph may be adjusted by mutual agreement between the parties.

Article 7 (Expenses for Business Management and Sales Agency Services) (1) Expenses for affairs of registration of sale guarantee and approval and reporting of approval shall be KRW 4,000,000, and shall be paid at the time of the contract.

(2) The expenses for the vicarious performance of contracts and gold management services shall be 56,000,000 won, and 2,800,000 won per month shall be paid every 20 months from the date of the initial contract for an officetel and neighborhood life.

4. The model voucher construction cost shall be KRW 125,00,000, and the intermediate payment shall be KRW 20% at the time of this contract, KRW 30% at the time of intermediate payment and the intermediate payment shall be made within one month from the date of the contract.

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