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(영문) 서울중앙지방법원 2021.01.22 2019가합581073
약정금
Text

The defendant shall pay to the plaintiff KRW 371,785,200 and KRW 341,200 among them, and KRW 30,585,200 from November 23, 2019.

Reasons

1. Facts of recognition;

A. On December 20, 2017, the Plaintiff entered into a sales agency contract with D Co., Ltd. (hereinafter “Non-Party Company”) (hereinafter “Non-Party Company”) with a private party to the implementation of the instant construction project for officetels and neighboring living facilities (hereinafter “instant project”). The Plaintiff entered into the said sales agency contract with the Plaintiff to perform the sales business related to the instant project. The details of the instant contract related to the sales agency service contract are as follows.

Article 2 (Purpose of Services) This Agreement is to delegate the sales affairs to B (Plaintiffs) as the status of the exercise of the project in this case.

Article 4 (Methods and Timing for Payment of Deposit and Fees) ① Officetel fees shall be KRW 8,000,000 per household (Additional Table).

(2) The fees for neighborhood living facilities shall be eight percent (excluding added taxes) of the contract amount.

(5) Eul is to pay Gap 50,000,000 won as deposit money until December 29, 2017.

Of the deposit amount of KRW 50,000,000, Party A shall return KRW 250,000,000 to Party B by February 28, 2018, and KRW 300,000,000 by March 30, 2018.

B. On December 22, 2017, the Plaintiff paid KRW 550,000 to the non-party company in accordance with the above sales agency service contract.

(c)

In around 2018, the Defendant requested the Plaintiff to have the sales agency business related to the instant project performed, and accordingly, on July 18, 2018, the Defendant prepared a performance confirmation document (hereinafter “performance confirmation document of this case”) between the Plaintiff and the non-party company, and a performance agreement between the Plaintiff and the Defendant (hereinafter “performance confirmation document of this case”), respectively, and the contents relating to the instant performance confirmation document of this case and the instant performance agreement are as follows.

In connection with the instant project, as a result of the instant performance confirmation, the amount of KRW 1,500,000,000, to be paid to the Plaintiff (Plaintiff) A in relation to the instant project shall be paid to the Plaintiff (Plaintiff) as follows.

1) KRW 700,000,000 is with the Defendant, a company that vicariously executes the instant business.

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