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1. The Defendant’s KRW 195,200,000 among the Plaintiff and KRW 161,00,000 among them, shall be 6% per annum from February 5, 2016 to May 29, 2019.
Reasons
1. Determination as to the claim for the payment of unpaid sales commission
A. The facts of recognition 1) The original Defendant’s sales services contract with the purport that the Plaintiff will act on behalf of the Plaintiff for the sale of housing, etc. sold in the “Seoul-gu Seoul Metropolitan City-type residential housing and neighborhood living facilities E-F block project” implemented by the Defendant (hereinafter “instant sales services contract”).
(2) On August 22, 2015, upon entering into the instant sales contract, the original Defendant paid KRW 5,500,000 per head office (including value-added tax) to the Plaintiff as sales commission if the housing sales contract was concluded due to the Plaintiff’s promotional inducement activities, and the payment deadline was determined within five days from the date when the Defendant received the claim (tax invoices) from the Plaintiff.
3) From September 9, 2015 to December 9, 2015, the sales contract for 94 houses was concluded as a result of the Plaintiff’s publicity inducement activities. 4) The Plaintiff filed a claim with the Defendant for the payment of the sales commission for the housing 94 houses for which the sales contract was concluded on December 22, 2015, and the Defendant began to pay the sales commission from February 5, 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6 (including each number; hereinafter the same shall apply), the purport of whole pleadings
B. According to the facts found in the above determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of KRW 161,00,000,000, except for the sales commission per unit room 5,500,000 x 94 x 356,000 won x 356,000 won - KRW 404,400,000 adjusted to have been paid from the evidence No. 3 of the Plaintiff 404 - the sales commission - 48,400,000, which was adjusted to have been paid as the sales commission - the sales commission - which was adjusted to have been paid as the price for banner (see Plaintiff’s preparatory brief as of April 15, 2019).
C. The Defendant’s assertion pertaining to the number of rooms for which one sale contract was concluded.