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(영문) 수원지방법원 2017.08.10 2016가단503837
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

On February 26, 2015, the fact that a contract between the defendant and the J (hereinafter referred to as the “J”) concluded on February 26, 2015 for the sales of the K building (hereinafter referred to as the “instant commercial building”) on behalf of the J (hereinafter referred to as the “instant contract”) is a dispute between the parties.

The plaintiffs are the grounds for the claim of this case. The defendant is obligated to pay the J-J fees of KRW 1440 million to sell the above bonds, and the plaintiffs acquire the above bonds from J, and the defendant is obligated to pay the amount claimed to the plaintiffs.

In this regard, the defendant asserts that there is no commission for the sale of goods in lots not paid to J.

However, in this case, since the agency fee is related to the lease of one complex L or M among the commercial buildings of this case, this article focuses on this part.

Facts of recognition

At the time of the instant contract, the Defendant and the J agreed on the sales agency fee and the rental fee as follows:

(1) Article 4.1. (1) of the contract: The deposit rate means a discount rate for the sale price. For example, when the deposit rate is 37%, the defendant acquires only an amount equivalent to 63% of the initial sale price, i.e., e., 63% of the initial sale price, and the difference between the actual sale price and the purchase price discounted by the defendant, from J.

One complex shall be 37% for one complex, 36% for two complexes and three complexes, respectively, on the 15th day of each month at the time of the payment of down payment and intermediate payment, and on the last day of each month.

(2) Rental fees: 0.75% of the cost of sale, and the rent shall be based on the 15th of each month and the last day of each month when the remainder is paid.

(3) Where sale is made after lease, the rent already paid shall be deducted from the fee of intermediate payment.

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