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(영문) 전주지방법원 군산지원 2018.11.08 2017가합12365
용역비
Text

1. The counterclaim Defendant 281,570,300 won jointly and severally, and the counterclaim Defendant B were 77,707,000 won and each of them.

Reasons

1. Basic facts

A. The Defendants are building owners of E Commercial Building Nos. 2 through 5 (hereinafter “E”) located in the E Commercial Building Nos. 2 and 3 lots, and Defendant B is the building owner of Gunsan City F (hereinafter “F commercial building”), and the Plaintiff is a licensed real estate agent, who engages in brokerage business and sales agency business.

B. On August 20, 2014, the Plaintiff entered into a service agreement on the sale and lease business of E and F commercial buildings (hereinafter collectively referred to as “instant commercial buildings”) with Defendant B on March 2, 2015, by setting up a “road sale agency contract” of each of the following contents with respect to F commercial buildings (Provided, That 3.5% of the fee for the sales contract of F commercial buildings) and entering into a service agreement on the sales and lease business of E and F commercial buildings:

(hereinafter referred to as “instant service contract.” The owner of the building, Defendant B, and one other (hereinafter referred to as “Defendant B”; hereinafter referred to as “B”) and the Plaintiff of the sales agent (hereinafter referred to as “B”) enter into a sales agent contract as follows:

Article 1 (General Matters) (2) 3% of the total amount of sale (lease shall be governed by the provisions of Section B) (3) contract period: From August 20, 2014 (F commercial buildings from March 20, 2015 to December 31, 2016): The payment date of fees: Article 3 (Scope of Business) (1) of the date on which Party A claims the balance of the contract for sale in lots or the fee for Party B. At the same time when entering into this contract, Party A shall grant the following authority to sell the commercial buildings in this case:

Brokerage consultation and guidance for sale in lots;

(b) Sales office and operation;

(c) Other affairs related to sales in lots designated by Gap, and (2) affairs related to policyholders, such as Gap, conclusion of a contract for sales in lots, and management of buyers, shall be conducted.

Article 4 (Preparation and Operation of Sales Contract) (1) The preparation of sales contract shall be concluded directly with A according to the prescribed form at the place designated by A, and B shall not become a party to the contract.

(3) B shall be the standards for various propaganda farms, advertisements, etc. and the like.

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