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(영문) 광주고등법원(전주) 2017.09.21 2017나10171
약정금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance except in the following cases: therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(원고와 피고의 항소이유는 제1심에서의 주장과 크게 다르지 않고, 제출된 증거들에 의하면 제1심의 사실인정과 판단은 정당하다). 2. 고쳐 쓰는 부분(반소청구 중 분양대행수수료청구에 관한 판단 부분) ◎ 제1심 판결 4쪽 11번째 행부터 7쪽 10행까지를 다음과 같이 고친다.

【1) The Defendant asserted that the instant commercial building was sold on behalf of the Plaintiff under the instant sales agency contract, but only some of the sales agency fees (172,665,000 won) was paid by the Plaintiff.

Therefore, the Plaintiff is obligated to pay to the Defendant the sum of the unpaid sales agency fees of KRW 424,233,150 (i.e., KRW 429.2.6 million (= KRW 160,000 KRW 396,00 KRW 360,00 KRW 360,00 KRW 56,00 KRW 66,00 KRW 690 KRW 691,54,250) and damages for delay as follows.

① The Plaintiff related to 137 and 157 of the instant shopping mall is obligated to pay the Defendant a total of KRW 4,2960,000,000,000 (= KRW 1377,52,00,000, KRW 152,760,000) for the intermediate payment under 137 and 1577 of the instant shopping mall.

The plaintiff paid the above sales agency fee to a third party (G), but it cannot be asserted against the defendant on this ground.

② The Plaintiff related to 120, 158, and 159 of the instant shopping mall is obligated to pay to the Defendant a total of KRW 1.6 billion (== KRW 1,680,000, KRW 1588,000, KRW 1599,000, KRW 1589,000, KRW 120,158, and KRW 1589,32 million).

The plaintiff paid the selling agency fee to a third party (the selling real estate brokerage corporation), but it is not possible to oppose the defendant on this ground.

③ Even in cases where the Defendant, related to the commercial building No. 101, 209, 210, and 211, sells the commercial building by means of direct purchase, the sales agency fee shall be charged.

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