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(영문) 서울중앙지방법원 2016.10.14 2015가단192843
보증채무금
Text

1. The Defendant’s KRW 188,914,00 for the Plaintiff and KRW 5% per annum from May 3, 2013 to September 8, 2015.

Reasons

1. Facts of recognition;

A. The parties concerned are companies mainly engaged in real estate sales agency business, etc., and the defendant is a company mainly engaged in real estate lease, sale, sale in lots, etc.

B. On September 24, 201, the Plaintiff entered into the instant service contract and the instant agreement with the Defendant on the sales agency agreement between the Defendant and the Defendant’s Dong-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant service agreement”).

On December 6 of the same year, the Plaintiff and the Defendant again agreed on the sales agency fees and incentives management in accordance with the instant service contract as follows:

(이하 이 합의를 ‘이 사건 합의’라 한다) 《이 사건 합의 내용》 1) 분양 대행용역 수수료의 산정은 실제 분양가(부가세 제외)에 대한 13%로 한다. 2) 을(원고)은 수수하는 13%의 수수료 중 1.5/13(1.5%)는 갑(피고)에게 지급하여 갑의 영업비 등으로 사용되도록 한다.

3) B shall pay 5% fees at the time of entering into a sales contract and deposit of down payment, and 5% fees at the time of paying the balance without any defect. 4) The amount obtained by deducting 13% fees from the 62% amount of the original selling price and 70% of the difference between the actual selling price and the sales price shall be deposited into the designated district of B.

5) Of the amounts under the preceding 4 paragraphs, the remainder, excluding 1.5% of the fees and value added taxes payable under the preceding 3 paragraphs, must be deposited immediately into the designated unit of the entire Party A and managed as a security deposit to secure the completion of sale and the deposited security. 6) Upon completion of sale, A shall pay the difference between the amount under the preceding 5 and the deposited security balance to B as additional fees after the settlement reflecting the deposit security deposit security after reflecting the deposit security deposit.

C. After the conclusion of the instant service contract, the Plaintiff paid KRW 100,000,000 as the deposit for sale on September 29, 201, and KRW 70,000,000 as the deposit for sale on October 7, 201, as well as KRW 100,000,000 as the deposit for the completion of sale and securing of deposit interest. (ii) The deposit for the completion of sale and securing of deposit interest for sale on December 24, 201.

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