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(영문) 수원지방법원 2020.09.09 2019나74669
미수금
Text

Of the judgment of the first instance, the part against the plaintiffs shall be revoked.

Reasons

1. Basic facts

A. On January 30, 2017, the Plaintiffs and the Defendants concluded a sales agency service contract (hereinafter “instant contract”) with the following contents on behalf of the Plaintiffs regarding the sales of the entire site for the instant plot of land owned by the Defendants, which constitutes a sales agency (hereinafter “instant contract”). From February 2017 to February 2017, the Plaintiffs commenced the sales agency service as to each parcel of the instant plot of land divided according to the instant contract.

Article 3 (Apportionment of Work and Bearing of Expenses Following Performance of Sale) The Defendants shall, at the same time, grant the Plaintiffs the authority to sell the land of this case as a sales agent.

The defendants shall not re-entrust the sale of goods to a third party during the term of contract.

Article 5 (Period of Agency Contract) The period of this case contract shall be three months from the date of the contract.

Unless there is any special opinion at the end of the contract period, it shall be automatically extended three months.

Article 6 (Sale Price) The sale price of each parcel of the land in this case shall be determined by the plaintiffs and sold in lots.

(Land Sale Price: 1.3 million won per square day - 1.350,000 won per square day) 7 (Fees and payments) sales agency fees shall be the remainder other than the deposit price after consultation.

Deposits: 1050,000 won per credit (including 50,000 won per credit, such as expenses for restoring mountainous districts);

2. The sales agency fee referred to in paragraph (1) shall be an amount calculated by deducting 3.3%.

Article 8 (Matters under Special Agreement)

2. The Defendants may directly enter into their own contracts during the period of business operation.

However, the amount of sale would not be exposed to the outside to prevent damage to the plaintiffs' business.

B. On August 14, 2017, the Plaintiffs: (a) on behalf of the Defendants under the instant contract, and (b) the part of the said land does not exceed 341 square meters out of 585 square meters among the land in another parcel; and (c) the said part of the said land.

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