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(영문) 광주지방법원 2016.08.25 2015가합59216

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the sales agency business of commercial buildings, and the Defendant is a company established for the purpose of leasing real estate and newly building and selling commercial buildings.

B. On May 22, 2014, the Plaintiff entered into a sales agency service contract (hereinafter “instant contract”) with the Defendant for commercial buildings located in 288-5, the Gable-dong 288-5 (hereinafter “the subject matter of sale”).

C. The instant contract aims at the successful termination of the sale of the subject matter of this case by prescribing matters necessary for the Plaintiff to vicariously carry out the Defendant’s sales business through professional planning and marketing activities. The main contents are as follows.

The stock tax rate (hereinafter referred to as "A") and the New Innovation Co., Ltd. (hereinafter referred to as "B") which are the persons requesting the sale of the subject matter of the contract (hereinafter referred to as "subject matter") in relation to the sale of the subject matter of the contract as a sales agency contract shall enter into a service contract for sales agency as follows:

Article 2 (Scope of Services) (1) “A” shall at the same time delegate to “B” the sale of the above-mentioned objects, upon entering into this contract.

(2) The scope of services for sales in lots to be provided by "B" shall be as follows:

1. Public relations for sale in lots, preparation of a draft plan of advertisement, advertisement and utilization of publicity materials;

2. Operation and maintenance of the sales office used by "B";

3. Acceptance of subscriptions and inducement to conclude this contract;

4. Management of parcelling-out contract parties and cooperation for payment of parcelling-out price;

5. Review on the market research and feasibility of sales for the promotion of sales in lots;

6. Other companies necessary in connection with the sales activities.

7. Assistance in the approval of sale of “A”;

Article 3 (Good Faith and Sincerity) (3) The term "B" shall make every effort to ensure that the object is sold at a reasonable price early in order to achieve its business objectives.

Article 5 (Fees for Sale by Proxy) (1) The sales commission shall be from the total sales price of the objects of sale by lots.