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(영문) 부산지방법원 2018.11.15 2017가합44486
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 299,733,365 and the interest rate thereon from May 5, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the construction and civil engineering construction business, and the Defendant B (hereinafter “Defendant Company”) is a real estate sales agency business, etc., and the Defendant C is the representative director of the Defendant Company.

B. On September 24, 2015, the Plaintiff entered into a sales agency contract (hereinafter “instant sales agency contract”) with the Defendant Company with respect to the sales agency for the instant shopping districts and 36 shopping districts in the same city E (hereinafter collectively referred to as “instant shopping districts”), and the main contents are as follows.

▣ 계약 목적물의 표시 (생략) 위 표시 계약 목적물의 원활한 분양을 위해 목적물의 사업의 시행사인 A㈜(이하 ‘갑’이라 한다)와 분양대행사인 ㈜B(이하 ‘을’이라 한다)는 아래와 같이 분양대행 계약을 체결한다.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to promote the successful sale of an object through professional planning and marketing activities.

Article 2 (Scope of Business Affairs) The scope of sales agency services to be provided by “B” under the control and supervision of “A” shall be as follows:

1. Publicity for sale in lots and utilization of promotional materials;

2. Duty to submit the details of sales activities and occasional reports on the results thereof;

3. Article 5 (Methods of Claiming Sales Fees) (1) of the inducement of the conclusion of a contract for sale in lots shall be determined by 3% (excluding VAT) of the parcelling-out price;

(2) Sales commission shall be paid by "A" at the request of "B".

(3) "B" may claim a sales commission according to the number of contractual cases, and "A" shall be paid in full on the following day from the date of receipt of the tax invoice.

Article 7 (Termination of Contracts) (1) "A" may terminate this Agreement for any of the following reasons, and "B" shall be liable for compensation for damages incurred to "A" due to the termination of the Agreement:

1. In fulfilling this Agreement, “B” shall be deemed to have violated this Agreement, or shall be deemed to have been caused by intention or negligence.

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