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(영문) 서울고등법원 2016.08.26 2015나2036158
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. The following facts of the case are found to be of no dispute between the parties, or of Gap evidence of Nos. 1 to 3, Eul evidence of No. 1 (including, if any, a serial number; hereinafter the same shall apply) and the testimony of the J of the party witness by taking into account the overall purport of the pleading.

A. On April 10, 2014, the Plaintiff and the Defendant entered into a sales agency contract for E-commercial buildings located in Seo-gu Incheon Metropolitan City D (hereinafter “instant commercial buildings”) (hereinafter “instant sales agency contract”) with the Defendant, and the main contents are as follows:

(A) The sales agency fee shall be 8% for each sales amount (Provided, That the value-added tax shall be separately imposed) rental fees (only 2% for each sales amount) shall be 2% for each sales amount.

C) The value-added tax based on the sales agency fee shall be paid separately by Gap (Defendant) and the tax invoice shall be issued by Eul (Plaintiff). Article 5 (Method of Payment of Sales Agency Fee) A after the payment of the sales agency fee or the part payment, if the sales contract is cancelled due to a cause attributable to Eul (Methods of Payment of Sales Agency Fee) B, Eul shall, in principle, immediately refund the sales agency fee already paid to Gap, but may be deducted from the sales commission to be paid later.

B) 1) The amount of fees from the payment of the down payment - 50% of the commission for the payment of the down payment - 50% of the intermediate payment - 50% of the commission for the payment of the pre-sale agency - the time of the payment of the down payment and the payment of the rent shall be deposited in cash or in the designated account of B within three days after the deposit of the down payment and the intermediate payment by each unit unit. (d) A and B shall settle the down payment reverted to the time the contract is terminated due to the circumstances of the seller or lessee after the conclusion of the sales contract or the lease contract. (i) Specific plan for the sale of the services of Article 8(b) and occasional reports on the results of the sale, 2) periodic reports on the sales contract, and 3) guidance to receive the sale subscription and enter into this contract.

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