용역비
1. The judgment of the court of first instance is modified as follows.
The Defendants are jointly and severally liable for the Franchis Association D.
1. Basic facts
A. On July 11, 2016, the Plaintiff received “10% of business profit” from Defendant B in return for the service provided by the Plaintiff to Defendant B (hereinafter “Defendant B”) as agent of the apartment housing construction project (hereinafter “instant project”) conducted by the F Area Housing Association (hereinafter “Association”) in the GJ Kim-si, Kimhae-si. However, at the time of entering into the instant agreement, the payment of the down payment amount of KRW 20 million was made, the agreement on the payment of service cost stipulated as “after approval of the business plan” (hereinafter “instant agreement”), and the payment of service cost to be received by the Plaintiff was concluded.
B. Defendant C Co., Ltd. guaranteed the duty to pay the instant service costs on the same day.
C. The Plaintiff received down payment KRW 20 million from Defendant B around the date of the conclusion of the instant agreement.
around October 24, 2016, Defendant B transferred the instant business agency business authority to E, a stock company.
(hereinafter referred to as “transfer of agency right of this case”). [Grounds for recognition] / [In the absence of dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the purport of the whole pleadings.
2. Determination as to the cause of action
A. In calculating the service cost of this case, the business profit under the agreement of this case is KRW 10 million per sales household of the business of this case and the 10% of the business profit of this case deducted 10% from the value-added tax name, there is no dispute between the parties. Meanwhile, as to the Plaintiff’s assertion that the number of sales households, which is the basis for calculating the service cost of this case, is 837 households, the Defendants are the Plaintiff’s provision of services to 634 households sold until the date of conclusion of the agreement of this case and the Defendant’s obligation to pay the service cost of this case.
(Preliminary Claim) However, we can see the overall purport of the arguments and the facts as seen earlier.