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(영문) 대구지방법원 2017.03.21 2015가단118042
분양대행수수료등청구의소
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1. The Defendant’s KRW 156,162,00 for the Plaintiff and the following: 20% per annum from September 12, 2015 to September 30, 2015.

Reasons

A. A joint project is established in connection with a public project, and Nonparty E Co., Ltd. (hereinafter “E”) was established.

The plaintiff decided to hold 10% of shares of E (10,000 shares) and invested 5 million won as share payment.

On April 8, 2015, the Plaintiff transferred the entire Plaintiff’s shares to the Defendant, and the Defendant agreed to pay KRW 5 million to the Plaintiff the share price.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 10, the purport of the whole pleadings

2. Determination as to the cause of action

A. As seen in the above facts, sales agency fees for the units sold by the Plaintiff are KRW 321,780,000 (including value-added tax). Here, the sales agency fees for the units sold by the Plaintiff remain 216,780,000 (including value-added tax) if the Defendant deducts the commission for sales commission of KRW 105,000 paid by the Defendant. The sales agency fees for the units sold by the Defendant to the Plaintiff are KRW 238,458,000 (= KRW 216,780,000) plus value-added tax (= KRW 216,780,00) and the payment period of KRW 60 per cent of the sales agency fees for the units sold by the Plaintiff refers to the date the sales agency is actually paid.

That is, as seen later, setting the indefinite time limit.

Where the parties have determined the period for performance when uncertain facts have occurred and the occurrence of such facts is impossible as well as when such facts have occurred, or where such facts have not occurred within a reasonable period, the period for performance shall be deemed to have come due.

(See Supreme Court Decision 2009Da16643 Decided May 14, 2009). However, as seen later, the sales contract was cancelled and the remaining commercial buildings except for subparagraph 105 were not able to pay the balance. As seen earlier, the sales contract was cancelled and it was impossible for them to pay the balance. The commercial building 105 is within a reasonable period from the agreed payment date.

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