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(영문) 창원지방법원 2021.01.21 2018가합52030
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,388,410,070 to the Defendant (Counterclaim Plaintiff) and its related thereto from March 6, 2019 to January 21, 2021.

Reasons

(a) If it is deemed necessary to extend the contract period due to any cause or event, the contract period may be extended in consultation with A;

(2) Where the sale of the objects of sale in lots has been completed by 100% even before the expiration of the period of sale in lots, this contract shall be deemed automatically terminated.

Article 5 (Terms and Conditions of Performance of Sales Agency and Conditions of Payment for Sales Agency) (1) Sales agency fees to be paid from A shall be eight million won per union and each general household of sales in lots (excluding value added tax). It shall be possible to consult on the sales agency fees later.

(2) Eul shall claim fees, accompanied by tax invoices, receipts, and other documents requested by Gap, and Gap shall pay fees, accompanied by Eul, in cash, within seven days from the date on which he/she requests fees.

(Payment Contents)* Until the achievement of 50% of the total number of household units for 672 households, 60% of the total number of household units for each member shall be paid.

* When 50% of the total recruitment households for 672 households for the number of members, 100% of the sales agency fees for the sales agency completed for the term sales shall be paid and unpaid 40% of the sales agency fees shall be also dealt with in a lump sum.

* Payment of sales agency fees arising after the establishment of the Union shall be made twice a month and shall be made within five days from the date of the request.

Incentives of KRW 300,000 Incentives of KRW 100,000 when 50% of the recruitment of union members is achieved within three months after the commencement of sale, when 80% of the recruitment of union members is achieved, incentives of KRW 200,000 Incentives are paid within five days from the date when the goal is claimed.

(3) In case where the sales contract was concluded and the sales contract was cancelled or terminated due to the causes attributable to the Party A, and Party A returns the sales price to the buyer (or its members), Party B shall not return the fees already paid by Party A in connection with the relevant sales contract.

except that in the case of a legitimate termination.

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