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(영문) 광주고등법원 2018.10.12 2017나14108

용역비

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

A. At the same time, the Plaintiff (hereinafter “B”) shall be granted the right to sell the selling goods.

(3) The scope of services for sales by proxy to be provided by Section B shall be as follows:

1. Public relations activities, proposals for advertising plans, and utilization of publicity materials for sale in lots;

2. Occasional and regular reports on detailed plans for sales activities and the results of such activities;

3. Operation and maintenance cooperation of the parcelling-out office (M/H);

4. Reporting on proposals for the promotion of sale in lots;

5. Other business affairs necessary in connection with the sale of buildings in units. (1) A shall pay to B the sales commission per household as follows:

Article 9 (Sale Publicity and Gift) (1) of the amount determined by the apartment building A of the amount determined by the apartment building A of KRW 3,500,000 for each unit unit of the unit unit price (excluding value-added tax) < Amended by Presidential Decree No. 20000, Jan. 1, 2000>

A * the cost of free gift events for subscribers and policyholders * One imported vehicle (or equivalent goods) for free gift events subject to policyholders * Eul intends to install 7,000 lale banner among promotional means for sale, and will be responsible for all fines arising therefrom.

(3) Where it is deemed necessary for A to hold a gift event which is the purpose of public relations, B shall be conducted through mutual consultation with B, and the expenses incurred in holding such event shall be consulted with each other.

Article 12 (Prohibited Acts) (2) No Party A may sell the above objects voluntarily without the consent of Section B in the sale of them, and pay fees corresponding to Section B in extenuating circumstances.

B. From January 8, 2016 to March 4, 2016, the Defendant paid a total of KRW 408,130,000 (including value-added tax; hereinafter the same shall apply) to the Plaintiff as sales commission. From December 30, 2015 to May 10, 2016, the Plaintiff attached or posted the instant building in violation of the Outdoor Advertisements Control Act.