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(영문) 서울고등법원 2016.10.19 2015나25084
용역대금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 145,585,000.

Reasons

1. Basic facts

A. On May 10, 2012, the Defendant entered into a construction contract with B Co., Ltd. (hereinafter “B”), stating that “D urban-type residential housing consisting of 180 households in urban-type residential housing and 7 houses in neighborhood living facilities (hereinafter “instant building”) shall be newly built at KRW 8.4 billion in the cost of construction, and “10 households in urban-type residential housing with the cost of construction shall be first sold in lots, excluding the expenses related to the sale in lots, and shall be acquired as an urban-type residential housing amounting to 10% of the cost of construction in the event of unsold in lots.”

B. On May 10, 2012, the Defendant entered into a sales agency service contract (hereinafter “instant service contract”) with the Plaintiff with the terms of entrusting sales affairs related to the instant building to the Plaintiff, and B jointly and severally guaranteed the Plaintiff’s responsibilities and obligations.

The main contents of the instant service contract are as follows.

Article 2 [Period of Service] 1) The term of the contract for the sale of goods in lots shall be six months from the date of commencement of sale, and may conduct pre-promotional activities one month prior to the date of public offering. 3) The defendant may extend or shorten the above period of the sale in lots, depending on the plaintiff's performance of sale in lots and performance

Article 4 [Period of Sale] The plaintiff shall make every effort to achieve the following objectives:

The sales price of the goods in lots (urban residential housing and neighborhood living facilities) shall be based on the sales price determined by the defendant, and the sales price of the goods in lots (urban residential housing and neighborhood living facilities) shall be as follows: D+45 days 2 D+90 days 3 D + 40% 30% 40% 30% 40% 70% % 100% 10% 10% 10% 10% 10% 2 million won 1/2 million 3000 2. 8% 8% 6% 2% 2% 3% 3% 2000,000 won 1/2 million 2.

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