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(영문) 창원지방법원 2019.10.18 2019나122

매매대금반환

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On December 11, 2017, the Plaintiff entered into a “individual business agreement” with the Defendant as specified below, and performed a real estate sales agency business for the Defendant from the same day to January 17, 2018.

Article 2 (Status and Relationship between Parties)

1.B (Plaintiff) as an independent business operator, shall perform the duties entrusted by A (Defendant) under this Agreement;

2. Eul shall not apply the rules of employment and any provisions applicable to the employees of the Company.

3. Neither case between B and A shall establish an employment relationship and any act of both parties for which this Agreement is in force in the future shall be formed or construed.

4.This Agreement shall be automatically extended at the end of one month from the date of conclusion and, in the absence of special circumstances after completion of the business, shall be automatically extended.

5.B may terminate the contract to B in a personal position, if it considers that it is not in conformity with the business of the Company corresponding to the Company A, or if it is deemed that it is not in conformity with the other business capacity.

Article 3 (Sales Contract) B shall deliver a real estate sales contract concluded with a purchaser to A, and Party A shall, in principle, sell the real estate in accordance with the sales contract.

Article 4 (Business Support Fund) 1. A shall evaluate the details of activities of B and pay the business support fund every 15th day of the month.

2.The evaluation of the payment of operating subsidies shall be limited to business performance, such as business activities within the Company B and participation in education within the Company.

2-1. It shall be determined that the operating subsidy is limited to the business performance, such as company business activities and participation in education for at least 10 days a month.

3. B shall be paid only on the date of attendance at work when business subsidies are not provided by the payment date.

Article 6 (Determinations on Payment of Sales Fees)

1. A may be granted a bounty or special prize according to the sales performance of B;

2.A shall pay a fee according to the sales performance of B, on the basis of the good.