(영문) 서울고법(인천) 2020.01.10 2019나10543

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(영문) 서울고법(인천) 2020.01.10 2019나10543

약정금

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1. Pursuant to the conjunctive claim added by the plaintiff in this court, the defendant shall pay 330,000,000 won to the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of real estate sales agency business, and the defendant is a company with the purpose of real estate sales business.

B. On March 25, 2016, the Plaintiff entered into a sales agency contract with regard to the “D Buildings” (hereinafter “D Buildings”) newly built and sold by the Defendant to the Nam-gu Incheon Metropolitan City, Seoul, under which the Plaintiff entered into a sales agency contract with respect to the instant building (hereinafter “instant contract”). The main contents are as follows:

Article 4 (Period of Sales Agency Business)

1. The period of sales agency business shall be until the completion of the main project;

Provided, That the final completion date shall be until 100% of the occupancy is completed by the buyer of the main construction project who entered into a contract with the plaintiff's business in full.

2. Even after the Defendant’s request, the Plaintiff shall comply with the terms and conditions and the period of the contract.

Article 5 [Scope of Services]

1. The plaintiff shall take charge of the overall support for the sales agency business, and promote it in the name of the defendant.

2. The scope of business to be performed by the plaintiff shall be as follows:

(1) Business affairs concerning planning and marketing strategies relating to the overall business of parcelling-out. (2) Business affairs concerning planning and marketing; business affairs concerning business affairs; business affairs concerning planning and publicity; business affairs for business affairs; (3) business affairs for maintaining sales offices; (4) business affairs for receipt of parcelling-out and inducement of conclusion of this contract.

Fees for separate factories and warehouse support facilities shall be settled on the basis of the 6% sale price (VAT limit) of the main sales of the charges.

Article 9 [The Target Sale Rate and Incentives]

1. The plaintiff shall set the estimated goal of sale during the period of vicarious sale and report it to the defendant at the beginning of each month.

The plaintiff is against the object of sale agency.

유사 판례

-서울고법(인천) 2020.01.10 2019나10543

-인천지방법원 2019.04.26 2018가합60464

-서울중앙지방법원 2017.01.19 2016가합526600

-춘천지방법원강릉지원 2019.01.15 2018가단3218

-춘천지방법원강릉지원 2019.10.15 2019나30461