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(영문) 부산고등법원 2016.06.23 2015나53780
용역비
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaged in real estate consulting and sales agency business. 2) Defendant B’s regional housing association (hereinafter “Defendant association”) is a housing association established to carry out new housing construction works of the D members of Yangsan-si, and obtained authorization for the establishment of a regional housing association from Yangsan-si on September 15, 2014.

3) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(B) The company is engaged in real estate development and housing construction business. (B) On November 8, 2013, the Defendants entered into a service contract between the Plaintiff and the Defendants for vicarious recruitment of cooperative members (hereinafter “instant service contract”) with the Plaintiff as an agent for 624 households of members of the E-family housing association in Gyeyang-si (hereinafter “instant service contract”).

Of the content of the instant service contract, the parts related to the instant case are as follows.

Article 1 (Purpose and Terms of Contract) of 2-25 stories underground or ground-to-ground 25 stories, total of 624 households in the area of 624 households, when the location of new construction works of the E regional housing association at the time of mass production of the location of new construction works of the

1. This contract is to enable the Plaintiff to perform the solicitation work for the description of the above object, which is the project schedule of the Defendant Union.

2. The contract period of recruitment services shall be one year from the contract date;

(Provided, the plaintiff and the defendants may be extended through consultation). Separate D 3 months D. D. D. D. 25% contract rate 25% per 25% per cent 20% per cent 70% per cent 70% (the scope of recruitment service business) Article 3(the scope of recruitment service) of the defendant association scheduled to operate the business of the defendant association, 624 households of the D major regional housing association.

Article 5 (Fees for Services of Selling-Out or Public Offering)

1. Fees for the recruitment service to be paid by the defendant union and the defendant company to the plaintiff shall be as follows:

(a) The fee for sales by proxy shall be two million won per household;

(Supplementary Rule).

The time of payment for the defendant union and the defendant company shall be 1 million won per household when 25% of the first target allotment rate after the sale by units.

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