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1. Of the judgment of the court of first instance, KRW 20,693,800 against the Plaintiff and its related thereto from July 18, 2018 to January 15, 2019 against the Defendant.
Reasons
1. Basic facts
A. 1) The Defendant is a company with the objective of real estate consulting, etc., and D is a company that carries out officetels and neighborhood living facilities construction projects on the 22 parcels of Gangnam-si, Gangnam-si. 22) D entered into a service contract with the Defendant on September 5, 2017 with the content that it entrusts the business of selling agency services for officetels of the 1, 2, and 3, and 17th floor of the above new building to be constructed with the Defendant.
Details of the service contract shall be as follows:
D. (Scope of Sales Agency Services) The scope of duties of sales agency services to be performed by "B" under the delegation by Article 3 (Scope of Sales Agency Services) (Scope of Sales Agency Services) is as follows:
1. Support for the sales contract;
2. Affairs to support the operation of publicity centers for sale;
3. Affairs related to the public relations for sale in lots (advertising, promotions, publicity expenses) and bearing of the expenses in advance;
4. Bearing expenses incurred in selling buildings in units, human composition, and organizational operation expenses incurred in selling buildings in units by an agency;
1. A’s fee for the sales agency of officetels to be paid to “B” is KRW 7 million (excluding surtax).
3. Sales agency fees shall be paid by 70% at the time of a contract entered into by a buyer, and by 30% at the time of completion of the first part payment by a buyer.
Article 6 (Persons Eligible for Fees)
1. Persons eligible for the payment of fees shall be limited to cases where a fixed contract is concluded in full (10%) with the down payment paid;
2. In principle, where a sale in lots is cancelled on the grounds of “B” before the expiration of the contract period, it shall be sold in lots under the responsibility of “B”.
Article 11 (Effect of Contract and Conclusion of Contract for Sale)
4. The instant case is a sole sale agency of “B” and “B” is not a sales agency for a third party without prior consent of “B”, and “A” is not a sales agency for a third party without prior consent of “B”.
B. The Defendant and D agreed to divide fees into 5:5 for officetels (within 15% of the total number of guest rooms) sold directly by D on the same day.