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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff is a juristic person engaged in advertising production and agency business, and the Defendant is a regional housing association establishment promotion committee with the aim of carrying out the construction project of 1,450 apartment units in Pyeongtaek-si C. (hereinafter “instant project”).
On March 15, 2016, the Plaintiff entered into a contract for advertising agency services between the Plaintiff and D (hereinafter referred to as “D”) with D (hereinafter referred to as “D”), setting the service cost of KRW 1.25 billion as the value-added tax (excluding value-added tax) and entered into a contract for advertising agency services on the recruitment and sales of members to promote the instant project.
(2) On June 15, 2016, the Defendant entered into an agency contract between the Defendant and D (hereinafter “instant agency contract”) with D to enter into the agency contract for the instant project (hereinafter “instant agency contract”), and the parts related to the instant case are as follows.
The defendant of the agency contract shall select the agent of the instant project to be implemented under the name of the defendant as D and delegate all the authority necessary for the implementation of the project.
D shall enter into this agency contract with the defendant for the purpose of enabling the successful completion of the project as an agent.
Article 2 [Opening of Business] Article 3 of the Project of this case
1. The defendant has the status as the project executor of the instant case.
2.D has the status as an agent of the Defendant’s association promoting the instant project.
Article 5 (Scope of Agency Business of Cooperatives)
1. The scope of duties performed by D on behalf of the defendant is as follows, and, if necessary for the implementation of the project in this case, it is not specified below:
(a) is also included in the scope of agency business.
Management of partners, general meetings, election of officers and meeting of directors, preparation of rules and regulations of the association, advertising affairs for the recruitment of partners, management of sellers in lots, audit affairs, withdrawal and execution of fund management, and other associations.