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(영문) 서울중앙지방법원 2015.06.16 2014가단5120266

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 18, 2012, A entered into a contract with the Defendant for consulting and sales agency with respect to officetels and urban-type residential housing projects in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant housing projects”), under which A shall provide consultation, such as sales agency and marketing plans, and the Defendant shall pay fees to A (hereinafter “instant consulting and sales agency contract”).

B. The “sale agency fee” under the instant consulting and sales agency contract is 3.5% of the sales price per household for urban-type residential housing and officetels (excluding value-added tax); and 5% of the sales price per household for neighborhood living facilities (excluding value-added tax); and the “consultation service fee” is set at 40 million won (value-added tax separate); and the “support for the establishment of plans for advertising and public relations, and for the production of promotional materials,” performed by A under the contract for the consulting and sales agency of this case, the “support for the establishment of plans for advertising and public relations, and for the production of promotional materials,” after consultation between A and the Defendant, shall be selected an advertising agency and the Defendant, and the expenses therefrom shall be paid directly by the Defendant to the advertising agency selected by the Defendant in consultation with A within the limit of 2.5% of the sales price per household.

C. On August 16, 2012, A entered into a contract with the Defendant for advertising and promotional production services (hereinafter “instant service contract”) to promote the sale of the instant housing project (hereinafter “instant service contract”).

The main contents of the service contract of this case (hereinafter referred to as the "service contract of this case") are as follows.

In requesting the service of the advertisement and promotional products of the above real estate, the client(the client) and the contractor C representative A(the contractor(hereinafter referred to as the “B”) will conclude the luminous report and the public relations service contract as follows.

Article 5 (Contract Period) The contract period for the production of advertisements and promotional materials shall be the period.