손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff as a party is a corporation aimed at the development, manufacture, distribution, consultation, maintenance and repair of software. The Defendant changed its trade name in C Co., Ltd (hereinafter “C”) on June 29, 2016 as a corporation for the purpose of real estate development and consulting business.
B. On October 19, 2015, the Plaintiff entered into a sales agency contract with D (hereinafter “D”) for the purpose of selling neighborhood living facilities and officetels located in the Guro-gu Seoul Metropolitan Government E, F, 1,419 square meters (hereinafter “instant land”) (hereinafter “instant object”) (hereinafter “instant sales agency contract”), and the details of the said contract are as follows.
The plaintiff, who is a project operator D and a sales agent, shall enter into a sales agency contract as follows:
Article 1 (General Matters)
2. Scope of business affairs: All the business affairs related to parcelling-out agencies;
3. Agent Fee 1) Neighborhood living facilities: 5% (VAT) of the total sales amount (5%) of the officetel: 4% of the total sales amount (5%) of the officetel: 5% (VAT 3) of the total sales amount. The sales amount of non-members under the above general sales terms and conditions: the limit by VAT.
4. Contract period: From the contract date to the completion of parcelling-out.
5. Conditions for the payment of fees: Article 3 (Scope of Business) of the Act on the Payment of Fees twice (50% at the time of the payment of contract fees, and 50% at the time of the first part payment);
1. D shall, at the time of entering into this contract, grant to the Plaintiff the authority to vicariously sell the subject matter of this case as follows:
(i) consultation and guidance for the recruitment and management of sales staff; 2) sales and promotion of sales in units; 3) management and operation of sales offices; 4) other affairs designated by D;
3. The plaintiff cannot re-commission a sales agency to a third party without the consent of D in writing.
4.D is a separate contract unrelated to the Plaintiff for the purpose of attracting brands, etc. in the course of business operation and management.