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(영문) 광주지방법원 2017.12.14 2016가합59923

약정금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 522,300,000 and for KRW 1331,000,000 among them. < Amended by Presidential Decree No. 27505, Sep. 1, 2016>

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on real estate sales agency business, real estate consulting business, etc., and Defendant B (hereinafter “Defendant Company”) is a company that mainly carries on construction business, multi-family housing sales business, etc., and Defendant C Regional Housing Association (hereinafter “Defendant Association”) is a regional housing association established for the purpose of newly building and selling apartment units in Gwangju Northernbuk-gu D D (hereinafter “instant business”) and authorized by the head of Seoul Metropolitan City North Korea on December 30, 2016.

B. On August 1, 2015, the Plaintiff entered into a service contract for recruiting members of the Defendant Company and the Defendant Union (hereinafter “instant contract”). The Defendant Union used the expression “sale agency fee” for the Plaintiff of the Defendant Company under the instant contract, but the original Defendant used the expression “sale agency fee.” However, in light of the language and text of Article 13 of the instant contract, the term “sale agency fee” is “service payment.”

A joint and several liability for payment and settlement has been guaranteed, and the main contents of the instant contract are as follows.

1) The actual contents of the membership recruitment service contract: 3) The number of multi-family housing units shall be eligible for membership recruitment service contract: The purpose of this contract is to designate the plaintiff as a service company for the overall recruitment of members and to determine all matters related to the recruitment of members by the plaintiff and the defendant company designated in order for the defendant company to efficiently recruit members with respect to the indication of the above service units.

1. The subjects of services for soliciting members shall be 267 households with a total of 267 households indicating the relevant business site;

The number of subscription households can be adjusted when the defendant company and the plaintiff consult.

2. It shall include the scope of services for vicarious sale in the future, other than the affairs of soliciting members, to the public;

3. Recruitment of members of the Association.