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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The plaintiff is an apartment, commercial building sales management and agency business, and the defendant is a business operator who conducts housing construction business, etc.
B. Upon commission from the Defendant, the Plaintiff performed sales agency services with regard to the sales of the first, second, and third units of the commercial buildings and the first, second, and third units of the commercial buildings in order to provide the instant officetels as entrusted by the Defendant (hereinafter “instant officetels”).
C. On April 4, 2018, the Plaintiff drafted a written agreement with the Defendant on an agency for the sale of the instant officetel (hereinafter “instant agreement”) with regard to the sales of the instant officetel, and the details thereof are as follows. ① The payment of the sales commission incurred prior to the date of the preparation of the agreement (hereinafter “Defendant”) shall be paid KRW 15 million to the Plaintiff (hereinafter “Plaintiff”) on the date of the preparation of the agreement for the sales commission. ② The Defendant shall pay KRW 21 million to the Plaintiff on the date of the preparation of the agreement for the sales commission for the instant officetel 3 cases where the instant officetel 3 cases where the contract is revoked, and the Plaintiff shall pay KRW 6 million out of the sales commission paid by the Defendant to the Defendant, and the Plaintiff shall be subtracted from the sales commission to the Plaintiff:
(2) When the Plaintiff concludes a sales contract and receives a sales agency fee, the Plaintiff shall be held responsible for the performance of the contract concluded. If the contract is terminated, the Plaintiff shall immediately refund the sales agency fee received to the Defendant.
provided, however, that the contractor;