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(영문) 서울중앙지방법원 2017.05.25 2015가합569587
용역비
Text

1. The Defendant’s KRW 44,964,543 against the Plaintiffs and 5% per annum from November 13, 2015 to May 25, 2017.

Reasons

1. Basic facts

A. The Defendant is the executor of the sales business regarding D hotel 619 guest rooms located in Jung-gu Seoul Metropolitan Government (hereinafter “instant hotel”) and the Defendant is a company that is entrusted with the sales business of the instant hotel (hereinafter “instant sales agency business”).

B. Around March 2014, the Defendant introduced the vice president H of G Co., Ltd. in charge of consulting services for the sale of the instant hotel via the representative director E, Plaintiff B, and F, and entered into an entrustment contract for the sale of the instant hotel by setting 7% of the sales price of the guest room as sales commission between the sexual window and the sexual window on May 8, 2014.

C. Around that time, the Defendant entered into an agreement with the Plaintiffs to jointly carry out the instant parcelling-out agency business (hereinafter “instant joint business agreement”) with the Plaintiffs as “A,” “B,” and “B,” respectively.

The main contents of the joint project agreement of this case concerning the burden of sales expenses, distribution of sales agency fees, etc. are as follows.

Article 3 (Conditions of Implementation)

1. The plaintiff A shall engage in the best business and marketing activities so that the plaintiff A and the defendant can enter into a contract for sales agency services at the location of the joint sales agent of the project.

2. The plaintiff A and the defendant shall deposit the amount of KRW 100 million per day after concluding a contract for sales agency service with the executor of the target project, and the contract deposit with the executor as contract deposit.

Provided, That the contract deposit shall be divided into KRW 60 million per day by the plaintiff A, and the defendant's amount of KRW 40 million per day by the defendant, and the defendant shall first bear the contract deposit amount of KRW 60 million by the plaintiff A.

4. The plaintiff A bears the responsibility to guarantee the amount of KRW 60,000,000, which is the charge of the plaintiff A, among the time schedule for commencing the sale business and the time when the project is uncertain, and the contract performance guarantee money already paid.

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