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(영문) 제주지방법원 2020.08.11 2019가단57239
손해배상(기)
Text

1. The Defendant’s KRW 22,198,40 as well as the Plaintiff’s annual rate of KRW 5% from June 19, 2019 to August 11, 2020, and thereafter.

Reasons

1. Basic facts

A. On January 7, 2019, the Plaintiff and the Defendant concluded a sales agency service contract for the following matters (hereinafter “instant contract”) with the Plaintiff’s agent for the sales of the officetel in Jeju-si (hereinafter “instant officetel”) newly built by the Defendant:

Article 1 (Matters concerning Delegation and Implementation of Parcelling-Out Rights) (1) A (referring to the defendant) shall determine to delegate the affairs of parcelling-out to B (referring to the plaintiff) for parcelling-out, and Eul shall act on behalf of B for parcelling-out under the conditions specified in the following subparagraphs:

(2) A shall cooperate with the administration and all procedures necessary for parcelling-out and make sure that A uses a sales office and model house.

(3) Eul shall endeavor to bear general expenses, etc. required for parcelling-out and to complete parcelling-out as soon as possible.

Article 3 (Period of Providing Services for Sale in Units and Liability for Management of Buildings) (1) The period of service for sale in lots shall be six months from the date on which the contract for sale in lots is concluded.

Article 4 (Fees for Sale by Proxy) (1) Fees shall be paid to A as KRW 13,00,000 per household per 13,000 (excluding surtax). (2) The payment method shall be paid to B at 50% of the sales commission according to the rate of deposit by down payment by deposit, and 50% at the time of the payment of the intermediate payment and the balance.

Article 5 (Termination and Rescission of Contract) (1) In any of the following cases, A may terminate or cancel a contract, notwithstanding the period referred to in Article 3:

1. Where Party A is deemed incapable of performing the service by Party B;

4. Where he/she violates the relevant Acts and subordinate statutes, provides false or exaggerated guidance, or defames Gap;

5. Where a judgment is made by Party A as it is impossible to continue to perform the contract due to a significant lack of Eul's ability.

B. After the conclusion of the instant contract, the Plaintiff’s employee commences sales business at the sales office prepared in the instant officetel, and manufactures and installs banners, and leaflets and leaflets.

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