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(영문) 춘천지방법원강릉지원 2017.10.17 2016가단7049
분양대행수수료 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 8,800,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 13, 2015, the Plaintiff entered into a sales agency contract with the Defendant for the officetel 1020-1 located in Gangseo-si Hongdong, which the Defendant constructed with the Defendant (hereinafter “instant sales agency contract”), and the specific details are as follows.

Article 4 (Service Period): The service period shall be from the date of conclusion of this contract to the date of completion of sale of the object.

Provided, That the defendant may extend or shorten the period of parcelling-out agency according to the plaintiff's performance, faithful implementation of contract matters, etc.

Article 6 (Fees for Sale by Proxy) (1) The defendant shall pay the following fees to the plaintiff for sale by proxy:

Officetel commission: 4,000,000 won per head when concluding a contract for sale in lots (excluding value added tax)

(b) Fees for commercial buildings: The amount of sales of commercial buildings shall be three percent (excluding surtax), and the supply price shall be based on the price excluding surtax at that time;

(3) The fees referred to in paragraph (1) shall be determined based on the family room in which the buyer pays the down payment and all required documents are submitted.

Article 7 (Claims and Payment of Fees): The plaintiff shall request the last day of each month for the portion of the contract fees entered into in accordance with the payment criteria of the fees under Article 6, and the defendant shall pay the fees claimed by the plaintiff to the plaintiff in cash within 15 days from the date of receiving the fees.

Article 14 (Other Matters) ① 75% of officetels, and 50% of commercial buildings (within three months), the defendant shall pay the plaintiff 40,000,000 won (in addition to the surtax) bonus.

(2) 70% of the sales commission for the first floor of a commercial building shall be paid normally, and 30% shall be paid immediately after the sale of officetel 90%.

(3) In cases of sale of an officetel less than 50% (within three months) the Plaintiff shall deal with the Defendant with a performance bonus of KRW 40,000,000 (Additional Tax separately).

B. From November 28, 2015 to January 6, 2016, the Plaintiff sold 34 rooms among 80 officetels, and sold one room to 648,00,000 won (including surtax).

C. The defendant is an officetel for the plaintiff.

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