(영문) 창원지방법원 2018.12.13 2017가단118325

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(영문) 창원지방법원 2018.12.13 2017가단118325

용역비

Text

1. The defendant shall pay 158,821,00 won to the plaintiff and 15% per annum from March 2, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On October 18, 2016, the Plaintiff entered into a sales agency service contract with the Defendant as follows:

(hereinafter “instant service contract”). Article 2 (Purpose) of the instant service contract is to request the Plaintiff to provide sales agency services in relation to the sales of the neighborhood living facilities located in the window C of Changwon-si, Changwon-si, and to enter into a basic agreement on the execution of the contract by the Plaintiff.

Article 3 (Period of Service) (1) The period of service shall be five months from the date this contract is concluded to the date of completion of the project site.

Provided, That if the defendant and the plaintiff have consulted even before the end of the service period or if the sale of at least 100% has been achieved, the service period shall be terminated on the date of consultation or the date of completion of sale.

Article 4 (Service Charges) (1) The service charges shall be based on the object and shall be the amount calculated by multiplying the proceeds from sale in lots arranged by the plaintiff by the following rates:

(The criteria for service costs shall apply mutatis mutandis to the separate lots) For a commercial building, the total sale price by each unit of housing x 10% (excluding the issuance of the sale contract) x 10% (T separate) . (2) The plaintiff shall compile the object sold in lots and claim the service cost in writing to the defendant. The defendant shall deposit the service cost in cash to the plaintiff within 10

5) All sales contracts of this project shall be the plaintiff's sales performance, and the defendant's sales contract's sales performance shall be determined by consultation between the defendant and the plaintiff.

Article 5 (Payment Method of Service Cost) The defendant shall pay the service cost to the plaintiff as follows:

Article 11 (Cancellation of Contract) (1) In any of the following cases, the defendant and the plaintiff may cancel or terminate this contract after the peremptory notice in advance: the total sale price of non-highly high-class neighborhood living facilities 】 5.0% of the total sale price of the first middle-class gold 】 5.0% of the total sale price of the second half-round 】

(4) Where an inevitable cause for which the Plaintiff is not required to continue the service arises, the Plaintiff (5).

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