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(영문) 서울고등법원 2020.10.30 2019나2041974
용역비
Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

after the filing of an appeal.

Reasons

(d) sent a document to address the problem;

On April 5, 2017, Seopopopo-si confirmed that the Defendant was aware of the fact that the corrective measures for the advertisement of the 3st room apartment and the operation of the model house were completed, as a result of the verification of the model house and the Internet related to the corrective measures taken on December 15, 2016.

E. On April 27, 2017, the Plaintiff entered into a contract with the Defendant to change the part of the sales agency fee for 89 households unsold in lots as of April 27, 2017 among the instant service contract (hereinafter “instant change contract”) as follows.

Article 8 (Service Fees for Sale by Proxy) The fees and methods of payment to be paid by the defendant to the plaintiff are as follows:

The sales agency service fee: Won 749,00,000 won (excluding value-added tax) / 89 households divided into A2/A7/O2/O5 267,000,182,000 won A3/A4/A4/O3/O3/O4639,000,567,000 won * three million won per real (Won 3,00,000 x 89 households = 267,00,000,000 won per * 3 million per real (Won 3,000 x 89 households = 267,00,000)

2. The service fees for parcelling-out agency shall be claimed once a month (not later than the 20th of each month) and shall be paid in cash in principle within seven days from the date of the request;

(Provided, however, the household entitled to claim the sales agency fee shall be based on the household in which the person eligible to pay the down payment and the intermediate payment is the lender, and where there is no intention to borrow the intermediate payment, it shall be based on the payment of the down payment). Although it is written in the column of "the remaining household" column of D 1 month and D 2 months for the remaining household, D 1 month of the unit sales target (the total number of household units of multi-family housing and officetels) and D 89 25 months for the remaining household, it seems to be the number of household units for the relevant month

The respective values of "D 2 months" and "D 3 months" are the same.

35 29 Aggregate Contract Rate 7.86% 84.08% 92.79% 100% D (base date): base date of April 27, 2017

F. On July 28, 2017, the instant 3-stud apartment advertising issues, etc. in E News.

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