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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 9, 2008, the Plaintiff established a regional housing association in Yeongdeungpo-gu Seoul Metropolitan Government, and entered into an agency contract for soliciting its members (hereinafter “instant agency contract”) with Modaria Co., Ltd. (hereinafter “Modaria”), with the following contents in order to promote the business of building and selling a total of 166 households of apartments by establishing a regional housing association in Yeongdeungpo-gu, Seoul.
Article 4 (Period of Sales Agency) (1) The period of sales agency shall be from July 9, 2008 until the completion of authorization for changes of the partnership.
Article 6 (Commission for Recruitment of Members by Proxy)
1. Sales agency fees (1) Sales agency fees shall be determined as follows according to the households in which the sales contract is concluded within the service period and the down payment is fully paid (hereinafter referred to as "sale rate"):
Provided, That value-added tax shall be separately imposed, and the sale rate shall be based on the number of households.
Fees: KRW 10 million per household: KRW 5 million within a week after the payment of the down payment, KRW 3 million at the time of the completion of the payment of the down payment, and KRW 2 million at the time of the completion of the modified authorization of the partnership;
2.In paying the fees referred to in the preceding 1 above, Monobn Annbnb shall achieve the target non-performance ratio as follows:
Provided, That until July 9, 2008, the sale rate (86 years of age) is recognized as a sale household.
(2) The plaintiff may terminate this contract where the Monobn&A has failed to recruit its members by at least 80 percent.
B. On December 2009, END Co., Ltd. (hereinafter “END”) concluded a contract on the succession of a sales agency agreement with the Plaintiff on May 3, 2010 as follows (hereinafter “instant succession agreement”).
Article 1 (Succession to the Contract) This Agreement provides that E.N.D. succeeds to the entire contract of this case from Modididididididididididididi, thereby maintaining the status of the Plaintiff’s sales agent.
Article 2 (Contents of Additional Contract)
1. The plaintiff.