(영문) 서울중앙지방법원 2020.01.15 2018가합572171

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(영문) 서울중앙지방법원 2020.01.15 2018가합572171

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1. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,048,805,343 as well as with respect thereto from October 30, 2018 to January 15, 2020.

Reasons

1. Article 3 of the basic facts;

1. The period of agency business shall begin simultaneously with the conclusion of this contract, and be up to six months after the contract is concluded, and shall be completed in advance for sales facilities within six months;

(A) Article 4 (Duties of A)

1. A shall pay a sales agency fee prescribed in Article 7 to B;

Article 7 (Fees for Sales by Units and Payment Methods)

1. Of the sales fees to be paid by A for sales agency service (hereinafter referred to as “fee”), sales facilities shall pay 7% (VAT separate) of the sales amount, and the sales of officetels pre-sales should pay 2% (VAT separate) of the sales amount.

2.The present pre-sale sales facilities shall be approximately KRW 25 billion, and where the sales amount is at least KRW 25 billion, Party A shall separately pay incentives to 10 per cent of the excess amount.

At the time of payment of incentives, 50% incentives shall be paid at 80% at the time of sale rate, 30% at the time of sale rate 90%, and 20% at the time of sale rate 100% at the time of sale rate (VAT separate), A shall be paid to B.

In cases of officetels, 50% of the fee shall be paid at the time of concluding a sales agreement, and 50% of the balance shall be paid at the time of signing a sales contract.

3. B shall claim 50% of the sales agency fees for sales in full (at the time when checking the relevant amount of deposit in the management account of sales in full) and 50% of the sales agency fees when receiving the first intermediate payment loan, together with a tax invoice, for the portion of down payment or intermediate payment paid in full by the 20th of each month, and Party A shall pay it in cash within the 5th of the following month after checking it.

6.A, other than B, shall pay the sales agency fee for the sales agency under the above paragraph 1 to B even for the sales agency sold by Gap or a third party.

7. Where a contract for sale in lots is cancelled after the contract for sale in lots, the following fees shall be paid:

(1) Neither a seller nor a seller.

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