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(영문) 대구고등법원 2019.10.02 2018나23200

용역대금 청구의 소

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1. Of the part concerning the counterclaim of the first instance judgment, the Plaintiff (Counterclaim Defendant) who exceeds the amount that orders payment under the following.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reason why the court's explanation on this part of the basic facts is as follows. The defendant's vicarious execution of the 3th judgment of the court of first instance is dismissed as "the defendant's vicarious execution" of the 4th judgment of the court of first instance, and the 4th to 11th judgment of the court of first instance is used as follows. The 5th "Evidence No. 5 and 7" is the same as the corresponding part of the reasoning of the judgment of first instance except for adding "Evidence No. 5 and 7" to "the grounds for recognition" of the 5th judgment. Thus, this part is cited

[Supplementary Rule] Article 5 [Deposit for Sale by Units]

1. The Plaintiff shall deposit a security deposit with the Defendant and receive a deposit and return with the following contents:

(1) The defendant shall refund the full amount of the deposit within five days to the plaintiff when 400 households for the invitation of union members reach the total amount of the deposit.

2. Where a contract is terminated at an early stage due to the reasons under Article 6, the defendant shall return the full amount of the deposit to the plaintiff.

Article 6 (Preparation of Supply Contract and Management of Deposits)

1. In principle, a supply contract shall be prepared by the defendant, but if necessary, the plaintiff may be prepared at a designated place under the management of the defendant. In such cases, the plaintiff must immediately obtain confirmation from the defendant after preparing the contract and deliver it to the buyer.

2. The Plaintiff cannot receive all the sales price without the Defendant’s approval, and the sales price shall be deposited into the bank account directly designated by the Defendant under the supply contract.

3. The contract for sale in lots concluded voluntarily by the Plaintiff in violation of paragraphs (1) through (2) is null and void, and the Plaintiff bears all civil and criminal liability therefor.

Article 11 [Termination of Contracts] Termination of this Agreement shall be the date of completion by agreement between the defendant and the plaintiff, but the contract may be terminated upon mutual agreement if it is deemed that all the plaintiff's business under this Agreement, such as the completion of cooperative recruitment services, has been performed.

except that Article 6.