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(영문) 서울중앙지방법원 2019.05.23 2016가단5258769
구상금
Text

1. The Defendant’s KRW 869,705,763 among the Plaintiff and KRW 360,000 among them, shall be KRW 335,705,763 from March 25, 2016 to KRW 335,705,763.

Reasons

1. Facts of recognition;

A. On October 2015, the Defendant entered into a sales agency contract with C (hereinafter “instant sales agency contract”) with the content that the sales agency is entrusted with the sales agency for the second and second floors underground located in Gwangju City and the 20th floor “E apartment” on the ground of the ground located in Gwangju City (hereinafter “C”).

The details of the defendant's business scope, etc. among the sales agency contract of this case are as follows.

A ("A") and the defendant ("B") who is a seller for sale with regard to the sale of the subject matter of the contract as a sales agency contract shall enter into a sales agency contract as follows:

Article 1 (Purpose of Contract) (1) The purpose of this Agreement is to facilitate the implementation of projects and to ensure stability of the projects concerned through professional sale planning and marketing activities on behalf of the parties to carry out the affairs incidental to the trust development projects of the above objects (including subscription and other services incidental thereto).

Article 2 (Scope of Business) (1) The scope of business for sales agency services to be performed by the defendant shall be as follows:

1. Preparation of a draft plan for public relations and advertisement for sale in lots, and utilization of advertising and publicity materials;

2. Detailed plans for sales activities and occasional and regular reports on the results of such activities;

3. Establishment, operation, and maintenance of a sales office;

4. Acceptance of subscription for parcelling-out, and inducement for conclusion of this contract;

5. Management of parcelling-out contractors (including civil petition treatment) and promotion of the payment of parcelling-out price;

6. Support for loan business, such as formulation of a plan for part payments and remainder loans of a seller;

7. Surveys on sale in lots and lease for the promotion of sale in lots and review on feasibility;

8. Business affairs related to reporting of real estate transactions under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act;

9. The following expenses shall be borne by A in connection with all other affairs necessary for the sale of buildings in units and cooperation in the initial occupancy (sharing of expenses for sale in units, etc.) (1), but A may act on behalf of B:

In such cases, the details of publicity and advertisement shall be subject to prior approval from A.

3. Models; and

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