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(영문) 수원지방법원성남지원 2015.12.16 2015가단12757
분양대행수수료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Article 5 of the premised factual relations [The service fees paid to the Plaintiff in return for the performance of the sale of goods by proxy and the MGM commission] shall be as follows:

1) The service fees shall be eight percent of the selling price. (No. 5) In the case of the Defendant’s direct contract during the sale agency period, the service fees shall be two percent of the sales price to the Plaintiff.

6) In the case of sale in units on the first floor, the Defendant shall pay 1.5% of the sales price to the Plaintiff, and the payment date shall be mutually agreed, and the full payment amount shall be made by the completion date. Article 6 [Performance Payment] 1] The Defendant shall pay the Plaintiff the performance rate of KRW 100 million to the Plaintiff when the Plaintiff sells the total sales price of KRW 10 billion within four months from the date of issuance of the fixed contract.

(2) When the Plaintiff sells the total sales of KRW 10 million within six months from the date of the issuance of the fixed contract, the Defendant shall pay the Plaintiff the performance-based bonus of KRW 50,000 to the Plaintiff (including the purchase price by the Defendant) (including the payment of the pharmacy fees). Article 7 of the Act (including the payment of the purchase price by the Defendant) / Where the Plaintiff would make the Plaintiff pay the purchase price to the pharmacy number designated by the Defendant in lump sum (referring to the case where the payment is made in lump sum within two months from the date of the full payment of the contract deposit) within seven days from the date of the full payment, the Defendant shall pay the Plaintiff the performance-based KRW 100,000 to the Plaintiff. (a) The Plaintiff (agent) and the Defendant (execution company) drafted a sales agency contract with the following contents as to B newly constructed at the end of May 20, 2014. On September 5, 2014, the Plaintiff and the Defendant deleted the remainder of the contract, excluding Article 5 (1).

C. On August 5, 2014, the Defendant sold the first floor to Eart in KRW 4,912,987,200.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, Eul 1

2. The parties' assertion and judgment

A. The Plaintiff alleged by the parties, pursuant to Article 5(6) of the sales agency contract dated May 20, 2014, against the Defendant’s sales of the part of the first floor to the Plaintiff.

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