(영문) 부산지방법원 동부지원 2018.12.20 2017가단211582

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(영문) 부산지방법원 동부지원 2018.12.20 2017가단211582

용역비

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1. The Defendant shall pay to the Plaintiff KRW 94.6 million and the interest rate of KRW 15% per annum from September 2, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant entered into a contract with the D Housing Association (hereinafter “Association”) in relation to the sale of multi-family housing (multi-family housing, 25 square-type 2285, 30 square-type 467, and 35 square-type 73 households) constructed by the D Housing Association on the ground of the Jeonju-gun, North Korea.

B. The Defendant entered into a contract for sales agency services with the Plaintiff and left part of the sales business delegated by the partnership to the Plaintiff. The contents of the contract are as follows.

Article 3 (Scope of Services for Sale in Lots) The scope of services for sale in lots by proxy of “B (the plaintiff refers to the plaintiff; hereinafter referred to as “the plaintiff”)” shall be limited to the promotion and sale of goods subject to sale in lots by “A (the defendant is named; hereinafter referred to as “Defendant”) and the scope thereof shall be as follows:

1) Business activities and counseling services 2) Business activities for the promotion of parcelling-out and promotion of parcelling-out 4) Other auxiliary services equivalent thereto and activities requested by the defendant 5) The plaintiff shall carry out sales activities only at the place agreed with the defendant to carry out sales activities. 6) The preparation of sales contracts, the amount of sales proceeds and management, and the cancellation of contracts shall be carried out by the defendant and the plaintiff by sharing the duties.

7) The Plaintiff shall comply with the Defendant’s order, details of the contract for sale in lots, and relevant laws and regulations in consultation and guidance related to the sale in lots. Article 4 (Fees for Sale in Lots) The service fees that the Defendant pays to the Plaintiff shall be based on the following methods: (i) The sales service fees are in the amount of KRW 3,500,000 per household (Won 3,50,000, and the surcharge is separate) and are paid in the following manner:

2) When the Plaintiff completes the sale of 20% of the total number of households, the Plaintiff shall claim 80% of the service fees to the Defendant as a tax invoice, and the Defendant shall pay within three days after confirming the details of the claim. 3)

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