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(영문) 수원지방법원 2020.06.10 2018가합22711
약정금
Text

1. As to the Plaintiff’s KRW 255,200,000 and KRW 155,200,00 among them, Defendant B Co., Ltd. shall be from May 1, 2018 to September 1, 2018.

Reasons

Basic Facts

The plaintiff is a corporation established for the purpose of real estate business, consulting business, real estate development business, etc., and the defendant B is a corporation established for the purpose of real estate development and consulting business, building construction business, etc.

On September 1, 2017, the committee for promotion of the regional housing association (hereinafter referred to as “promotion committee”) entered into an agency service contract with the content that the implementation and relevant administrative services of the regional housing association project (hereinafter referred to as “instant project”) promoted by the promotion committee at Defendant B and Mapo-gu Seoul Mapo-gu Seoul, and all of the affairs related to the recruitment of union members entrusted to Defendant B.

On September 26, 2017, Defendant B entered into a contract on the recruitment of members of a local housing association (hereinafter “instant first contract”) with the Plaintiff on behalf of the Plaintiff for the recruitment fee per household (hereinafter “fee”) of KRW 10,000,000,000, which is delegated to the Plaintiff as an agent for soliciting members of the housing association (hereinafter “instant 1 contract”).

Pursuant to Article 12 of the contract of this case, the Plaintiff paid KRW 100,000,000 to Defendant B for the purpose of securing the Plaintiff’s compensation for damages against Defendant B.

Article 5 (Business Performance Period and Commencement of Recruitment) The work performance period for the plaintiff (hereinafter referred to as "B") shall be as follows:

Provided, That if necessary for the performance of duties, Defendant B (hereinafter referred to as “A”) and “B” may adjust the period through mutual consultation.

1. The period of solicitation agency shall be six months from the date this contract is concluded;

2. It shall consult with “A” in connection with the operation of prior human resources and human resources.

Article 6 (Fees for Recruitment Agency) (The Advertisement is separate from this Agreement) The following table shall apply: (a) the subsequent consultation and public relations expenses for supplementary welfare facilities separate from VAT for each apartment household (the Advertisement shall be separate from this Agreement). (b) The fees for solicitation agency (hereinafter referred to as "fee") shall be as follows:

(2) “A” shall pay a collection agency fee to “B” only to a household in which the first down payment is fully paid.

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