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(영문) 춘천지방법원강릉지원 2019.01.15 2018가단3218
약정금
Text

1. The Defendants shall be jointly and severally liable:

A. From July 18, 2018 to January 15, 2019, Plaintiff A 28,429,800 won and its related amount.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that carries out an officetel construction project on the land of Gangseo-si E and 22 parcels.

On September 5, 2017, Defendant D entered into a service contract with the content of entrusting the sales agency business of the above officetels with the 1st and second floor neighborhood living facilities and the 3 to 17th floor officetels, which were scheduled to be constructed by Defendant C Co., Ltd. (hereinafter “Defendant C”).

Details of the service contract shall be as follows:

(A) The scope of the duties of the sales agency services to be performed by the Defendant D, and Defendant C, delegated by Article 3 (Scope of Sales Agency Services) “A” 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 Defendants, on the same day, divide fees into 5:5 for officetels (within 15 per cent of the total number of guest rooms) sold directly by Defendant D.

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