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(영문) 부산지방법원 2018.06.29 2017나46226
약정금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From around 2011, the Defendant: (a) concluded a sales agency contract for the CBC Construction Co., Ltd. (hereinafter “CBC Construction”) and the Busan D shop (hereinafter “instant commercial building”); (b) concluded the sales agency contract for the said business; (c) at the time, the corporate name was G Co., Ltd.; but (d) was changed into the current trade name on August 20, 2012.

On March 28, 2011, the Plaintiff was appointed as the Defendant’s director and served as the assistant director of the sales office of the instant commercial building.

B. On March 30, 201, the Plaintiff agreed to distribute the sales agency fee for the instant commercial building E, the Defendant’s director C, and the sales agency fee for the instant commercial building, as follows (hereinafter “instant agreement”).

D. Allocation of fees for sales agency for commercial buildings (A evidence 1)

2. Three directors of the G-A/Sales Agency in charge of the affairs of the sales agency, each of which shall be held by D.D.

3. D. 1) Official entertainment expenses 1.2% of the official entertainment expenses (based on the %) official entertainment expenses 1.0% of the official sales commission (based on the %) other third party sales commission 2.0% of the sales commission 4) 110 shall be 0.5%) E 1.5% of the subscription fee for sale in lots, 31.5% of the subscription fee for sale in lots, 31.5%, and 1%) 8% of the sales commission for sale in lots, and 8% of the sales commission for sale in lots, 7% of the sales agency E, C, and A 8) of the sales commission for sale in lots, and 2% of the above sales commission for pre-sale in advance shall be allocated to the sales agency E, and 3.8) the rental commission for sale in lots shall be charged to C, and the revenue shall

(other than proceeds from pre-leaseed pre-leases) . 9) Sales agency fees shall be allocated to the above amount, but the tax portion shall be paid after the settlement of the tax amount (the tax amount shall be the corporate tax and the tax amount, and the tax amount shall be paid after deducting.

(C) On August 27, 2012, the Plaintiff entered into an agreement with the Defendant with the following content (hereinafter “instant agreement”).

A. The Plaintiff’s obligor: the Defendant

1. The creditor is the commercial building of this case in which the amount of dividend of 40,000,000 won is set forth.

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