손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Evidence 【Evidence】1, A7, A8, A9, A10, A11, A17, B-2, B-3-1, 2, B-6, B-7, and the purport of the whole pleadings;
A. On March 11, 2016, the Plaintiff entered into a brand attracting agency contract between the Plaintiff and the Defendant (hereinafter “B”) with the Defendant (hereinafter “Defendant”) under the contract, entering into a brand attracting agency contract to attract “E building” located in Osan City C and D (hereinafter “instant commercial building”). (hereinafter “instant agency contract”).
(1) The plaintiff is to attract the fashion brand and neighborhood living facilities to the building E for the defendant.
(2) The plaintiff shall promote the attraction of brands, such as the annexed sheet, as shown in the annexed sheet.
(3) The service fees shall, in principle, be 4.5 million won per store (excluding the value-added tax).
If the lease deposit and monthly rent vary according to the agreement between the plaintiff and the defendant, the service fee shall be adjusted in consultation with the other party.
The defendant shall not pay all the costs to the plaintiff in addition to the agreed service fees.
Service fees shall be paid 50% when a sales contract is concluded between the store brand head office and the defendant in the case of Group A, and 50% shall be paid on the date of business commencement, and 50% shall be paid when the sales lease contract is deposited in the case of Group B, and 50% shall be paid when the remainder of the rental deposit is deposited, and the remainder shall be paid after deducting advance payment from both Group A and B
Service fees shall be used only for the purpose of this contract, such as personnel expenses, expenses, entertainment expenses, public relations expenses, etc.
④ The Defendant shall pay in advance to the Plaintiff KRW 10 million, and the Plaintiff shall issue a promissory note with a face value of KRW 10 million to the Defendant in order to ensure the performance thereof.
(5) For the defendant, the plaintiff shall actively attract the company holding the clothing that is special to the public room during the contract period, and the defendant shall be paid an amount equivalent to 5% of the total sale from the relevant event company as a rent, and the plaintiff shall be paid the remainder of the fee.