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(영문) 대구지방법원 2019.05.16 2017가합204258

손해배상(기)

Text

1. Defendant G and H jointly share KRW 60,50,430, respectively, to the Plaintiffs and their related thereto from November 18, 2016.

Reasons

1. Basic facts

A. As to the K commercial and neighborhood facilities in the Daegu Suwon-gu Jilwon (hereinafter “instant commercial buildings”), Defendant D Co., Ltd. and beneficiaries, Defendant E Co., Ltd., Defendant E Co., Ltd., Defendant C Co., Ltd, and Defendant F Co., Ltd, as sales agent, carried on the sales business as a sales agent.

(hereinafter referred to as “stock company” in each name is omitted). (b)

On October 19, 2016, Defendant D and E entered into a sales agency service contract for the instant commercial buildings (hereinafter “instant sales agency contract”) with Defendant F.

The main contents are as follows:

Article 2 (Scope of Sales Agency Services) (1) Byung (Defendant F; hereinafter the same shall apply) may not re-entrust the affairs related to sales to a third party without a written consent of Gap (Defendant D; hereinafter the same shall apply) and Eul (Defendant E; hereinafter the same shall apply).

(2) A shall perform the following duties:

1. All the duties to be performed by the ordering person;

2.(3) The supervision of duties performed by Eul and Byung in connection with the project and decision-making on important matters shall be performed by Eul and Byung:

1. All the affairs to be performed as a contractor;

2. Payment of sales agency fees specified in Article 4 of the present contract;

3. Conclusion of sales contracts, cancellation of sales contracts, and management of sales proceeds.

3. Affairs related to contacters, guidance, product description-related customer service, and occasional transfer of the list of customers to Gap or Eul;

4. Various civil petition solvings which occur during the personnel management, education and sales of the sales personnel and organization employed by sick persons;

5. Business support related to securing of demand in advance, receipt of subscription and conclusion of sales contracts (Conclusion of sales contracts of objects and contracts incidental thereto) (1) Byung shall be limited to the sales business delegated by Eul at a place agreed with Eul for carrying out sales business;

(2) The preparation of a contract for sale and purchase shall be made.