logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.05.18 2018가단188
분양수수료
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant corporation B as the party to the dispute is the sales agent of the Ri set of the Asan City D (hereinafter "ri set of this case") and the defendant corporation C is the owner and the executor of the Ri set of this case. The plaintiff was the sales consultant who arranged the sale of the Ri set of this case.

B. The Defendant B agreed to pay the sales commission of KRW 10 million per household of sales mediation [the amount of KRW 8 million to the counselor of sales mediation and the superior of the OT (the consultant)] while recruiting the consultants to conduct the affairs of sales mediation for the purpose of sales of the Ri of this case. The Defendant B agreed to pay the sales commission of KRW 2 million per household of sales mediation.

C. Around June 19, 2017, the Plaintiff arranged the sale of 4 households (E, F and G, and H, and the Defendant Company B sold the said four households to the Plaintiff’s intermediaries. D. The details of the payment of brokerage fees for Defendant B Co., Ltd., the Defendant Company paid KRW 20 million to the Plaintiff KRW 10 million on July 8, 2017, and KRW 10 million on September 29, 2017, with the commission for the sales of 4 households of the instant resort, and KRW 20 million on September 29, 2017. 【Grounds for recognition: (i) there is no dispute between the parties, or is not clearly disputed; (ii) evidence Nos. 1 through No. 3-4; and (iii) evidence Nos. 1 through No. 4; and (iv) the purport of the entire testimony and pleading of the witness I as a whole.

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion and the Defendants are KRW 13 million. Accordingly, the Defendants are obligated to pay to the Plaintiff the sales commission of KRW 52 million ( KRW 13 million x 4 households). Among them, the Defendants are obligated to pay the sales commission of KRW 20 million to the Plaintiff. As such, the Plaintiff paid KRW 20 million, the remainder of KRW 32 million is obligated to pay the sales commission.

B. There is no evidence to acknowledge that Defendant C is a party to the sales commission agreement, and there is no sales commission against Defendant C.

arrow