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(영문) 제주지방법원 2018.09.13 2018나10203

기타(금전)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is a sales agent, and the Defendant is the owner of the building of the 58 square-type 3 generation and the 29 square-type 6th generation in Jeju-si canal wells (hereinafter “the instant canal wells”).

Article 2 The scope of the business affairs conducted by the plaintiff within the scope of the business affairs of sales agency shall be as follows:

1. Consultation on sale and guidance for entering into contracts;

2. Public relations activities for sale in lots, management of business employees, maintenance of order of customers, etc.

3. Period of a contract under Article 3 of all the general affairs necessary for the sale activities.

1. The period of the contract for the parcelling-out agency shall be three months from the commencement date of the business to three months;

(Commencement of sale shall be determined by consultation between the defendant and the plaintiff)

2. The period and the subsequent terms and conditions concerning the unsold goods after the expiry of the first contract period shall be extended in agreement between both parties; and

Article 4 Management of Affairs

1. The plaintiff shall conduct the sales agency business at the place designated by the defendant.

Article 7. Sales Agency Fees

1. The sales agency fee shall be twenty-five thousand won per household and shall be paid in cash;

(Additional Value-Added Tax) Provided, That for 29 square households, deposit shall be KRW 250,000,000 (including expansion expenses) and the purchase price, excluding deposit, shall be the fee.

(Value-added Tax separate). 2. The conclusion of all sales contracts after the conclusion of the sales agency contract is recognized as a result of the Plaintiff’s sales agency activities and the Defendant pays the Plaintiff fees.

The rates of sales agency fees to be paid by the Defendant to the Plaintiff are as follows:

3. The payment method of the commission for parcelling-out agency shall be made in cash as follows: (a) The time when the contractor pays the commission for parcelling-out agency shall be based on the time when the contractor pays the first down payment in full; and (b) the defendant shall pay to the plaintiff within one day from the date the plaintiff's request is made:

B. On October 14, 2016, the Plaintiff and the Defendant concluded a sales agency contract as follows (hereinafter “instant sales agency contract”).

(c).