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(영문) 부산고등법원 2021.01.28 2018나52405
용역비
Text

The request for intervention by an independent party raised in this Court shall be dismissed.

2. The principal lawsuit and the counterclaim of the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 29, 2016, an intervenor in the status of the parties is a regional housing association established to promote a project to build apartment houses and ancillary facilities of 593 households in Ulsan-gu, Ulsan-gu (hereinafter “instant housing construction project”) based on the Housing Act, etc. (hereinafter “instant project site”). The Defendant is a company that entered into a contract with the “(tentative name) Regional Housing Association Promotion Committee” (hereinafter “Promotion Committee”) which is a telegraph of the intervenor, and the Plaintiff is a company that entered into a sales agency service contract with the Defendant.

B. (1) (A) G regional housing association promotion committee (hereinafter “former promotion committee”) promoted apartment construction projects on the instant project site before the promotion committee of this case was established. On April 18, 2013, H Co., Ltd. and I Co., Ltd. (hereinafter “stock company”) and approximately 338 households with a total number of household units worth KRW 380,000,000 ( KRW 10,000 per household) in total, and among them, KRW 2.580,000,000 as agency fees for H, and the remainder of KRW 80,000,000 as agent fees for H were set as consultation fees for H.

2) After December 2014, the former Promotion Committee concluded a service contract with the Defendant for the vicarious performance of duties, and changed the agency from H to the Defendant. On July 29, 2015, the Defendant concluded a service contract with the Plaintiff for the vicarious performance of duties concerning the instant housing construction project (hereinafter “instant vicarious execution contract”). Of the terms and conditions of the sales contract for the instant vicarious performance, the parts related to the instant case in relation to the duties and scope of duties under Article 2 of the sales agency contract.

1. A’s scope of business (the defendant’s title) ① Upon entering into a contract, Party B (the plaintiff’s title) shall sell the subject-matter of the contract at the same time.

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