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(영문) 서울동부지방법원 2019.06.21 2018가합102766
분양대행수수료등
Text

1. The Defendant’s KRW 38,810,410 as well as the Plaintiff’s annual rate of KRW 6% from March 23, 2018 to June 21, 2019, and the following.

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of selling real estate in lots and agency business, and the defendant is a corporation established for the purpose of developing real estate and leasing business.

B. On November 1, 2017, the Plaintiff entered into a sales agency contract (hereinafter “instant sales agency contract”) with the Defendant to receive eight million won per bond at the time of sales of an officetel located in Osan-si (hereinafter “instant officetel”).

C. On December 26, 2017, the Plaintiff and the Defendant drafted an agreement with the following content (hereinafter “instant agreement”).

The sale fee shall be paid for 16 units of unsold housing units, and the sale fee shall not be paid for the total 34 units of unsold housing units (10 units of unsold housing units in addition to 24 units of contractors prepared on December 20, 2017), and it shall not be paid for the total 34 units of unsold housing units.

16 units of housing shall be paid for the total fee of KRW 16,00,000 per number of gold (excluding value-added tax) and the total fee shall be KRW 10,000,000 per gold.

Provided, however, when paying the above sale fees, the sale fees for commercial E- units in the above location which D agreed upon and paid by D are excluded, and the above 50 units purchase fees for each unit purchased by F when entering into a contract with F shall be paid to the real estate agent except for the total amount of 50 units ($3,000,000) paid to each unit of F and the above 50 units.

(1) The sum of the total sum of the gold per unit shall be paid by the plaintiff to the buyer separately for eight housing units contracted by G and H among the contractors, and the total sum of the gold million won shall be paid by the plaintiff to the buyer separately.

As of the end of December 2017, the Plaintiff had the Korea Land and Housing Corporation conclude a sales contract on the total of 50 officetels (unregistered 16, 34).

E. Meanwhile, in relation to the shopping mall E, the Defendant paid 58,474,240 won to D Co., Ltd., and paid them.

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