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(영문) 부산지방법원 동부지원 2017.04.21 2016가합101135
분양대행 수수료 등
Text

1. The Plaintiff:

A. Defendant A Housing Association, C Stock Company, and D shall be jointly and severally liable for KRW 1,110,380,000 and the aforementioned amount.

Reasons

1. Facts of recognition;

A. The Defendant A Housing Association (hereinafter referred to as the “Defendant Association”) is a regional housing association established for the construction of a new collective housing of the size of 2 underground floors, 33 and 9 Dong (980 households) in the Southern-gu, Busan (hereinafter referred to as the “instant project”), and the Defendant B is the president of the Defendant Association.

B. Defendant C Co., Ltd (hereinafter “Defendant C Co., Ltd”) is a juristic person that the Defendant Union intended to act on behalf of the entire business activities, such as the establishment of a comprehensive business plan, funds and execution necessary for the promotion of the project, and all business activities related to the contract of the project site.

C. On May 7, 2015, the Defendant Union and the Defendant Company entered into a sales service contract with the Plaintiff (hereinafter “instant service contract”) and Defendant B signed and sealed it as a joint and several surety of the Defendant Union. The main contents are as follows.

-The indication of a contract for the sale of goods to be leased: it is limited to the recruitment, arrangement, and service of goods to be leased and requested to the plaintiff (the plaintiff) in order to recruit association members determined by Article 2 (Scope of Agency Work) A and 2 (Defendant Company) of the Nam-gu Busan Metropolitan City, Seoul.

Article 5 (Fee for Invitation of Members and Sales Agency): The commission for sales agency and method of payment to be paid to B shall be as follows: KRW 4,000,000 (Additional Tax separately), KRW 2,000,000 for the first vehicle of down payment, KRW 2,000 for the second vehicle of down payment, KRW 2,000,000 for the down payment, KRW 6 (Claim for and Payment of Fees) 1 and 2:

1) The request for a fee shall be based on the number of household units to be sold. 2) The payment of the fee shall be 20 days per month and 10 days per month.

1. The standards for delivery for sale shall be determined based on the status of payment up to two times the down payment through the conclusion of a contract with a buyer;

2. Sales commission shall not be paid to cancellation households arising out of the agency.

3. Payment shall be made to the account designated by Gap 1 and 2 in the method of paying the fee.

4. The sales agency fee shall be a separate amount of value-added tax.

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