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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On October 5, 2015, the Defendant entered into a sales agency contract with E Co., Ltd. (hereinafter “E”), a sales agency (hereinafter “First sales agency contract”) on the following grounds: (a) the Defendant, as an executor of the instant project for new construction and sales of the apartment house C on the ground (hereinafter “instant project”); and (b) the main contents of the contract are as follows.
Article 2 (Scope of Services) (1) The sales agency service to be performed by E shall be as follows:
1. Public relations activities, proposals for advertising plans, and utilization of publicity materials for sale in lots;
2. Receipt of applications, guidance, and inducement for entering into a fixed contract;
3. Cooperation in the operation and maintenance of model hybrids;
4. Encouragement of pre-contracteds' contract and encouragement of the payment of pre-contracteds' contract balance;
5. Reporting on proposals for promotion of sale;
6. Other business affairs necessary for the sale of buildings in units. (1) Sales agency fees shall be 17,00,000 won per household, and the value-added tax shall be separately imposed.
Article 9 (Sharing Expenses, etc.) (1) The following expenses incurred in conducting public relations and advertising affairs shall be produced by E at the expense of E:
1. Expenses for advertisements and public relations through newspapers, advertisements and media;
2. Expenses for production and distribution of car slopings, leaflets, and other promotional materials;
3. Expenses for the production and delivery of leaflets necessary for DM;
4. General expenses incurred in relation to project briefing sessions and events;
5. Expenses incurred in the manufacture of large scale, designation, and shops. (2) The following expenses for the employee's benefits necessary for the sale of buildings in units, and all the expenses for the sale of buildings in units,
1. Formation and placement of an exclusive team for sale;
2. Personnel expenses and daily expenses for employees engaged in sales in lots;
3. Expenses incurred in manufacturing and installing placards in model hybrids;
4. Market surveys and collection and analysis of data;
5. Operation and management of events, guest goods, free gifts, etc.;
6. Placement and management of office fixtures;
7. Other.