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(영문) 대전고등법원 2020.07.15 2019나16190
청구이의
Text

1. Revocation of the first instance judgment.

2. The Defendant’s Daejeon District Court Branch of Daejeon District Court, 2018 tea338.

Reasons

1. Facts of recognition;

A. At the time of the tentative regional housing association promotion committee (the plaintiff was authorized to establish the housing association on February 24, 2017; hereinafter "the plaintiff") (the plaintiff was referred to as "the plaintiff") entered into a partnership agreement with H (the plaintiff was established on June 3, 2013, and the plaintiff was appointed as the representative director of the company at the time of carrying out the new apartment construction project (hereinafter "the project in this case") in the Ddong-gu, Busan (the plaintiff was referred to as "the plaintiff") in the Ddong-gu, Busan (the plaintiff was referred to as "the project in this case"). At that time, E succeeded to H's association agency contract; hereinafter "E").

B. On April 29, 2013, G with the promotion chairperson at the time of the Plaintiff and H, who becomes the representative director of E, entered into a contract on the recruitment and sale of 638 members exclusively with F Co., Ltd. (hereinafter “F”) and on behalf of F to receive a sales agency fee of KRW 9 million per household (excluding value-added tax) (hereinafter “instant sales agency contract”).

C. G and E, the promotion chairperson of the Plaintiff at the time, as of July 5, 2013, set a sales agency fee of 638 households as KRW 5 million per household (excluding value-added tax) between the J and the J introduced through I, which was a promotion member at the time of the Plaintiff, as of July 5, 2013.

It is identical to the terms of the contract stated in the Paragraph, and the following "contract for the invitation of union members and the vicarious sale of housing units" (hereinafter "former contract for the sale of housing units in this case") was entered into. At the time, F had exclusive authority to sell housing units in accordance with the contract for the sale of housing units in this case, and was well aware that it had already been performing the vicarious sale

Article 5(Claims and Payment of Fees)(1) The term “A” means that “B (J)” pays the following fees. When 40% of the total number of households of 638 households of payment terms and conditions after 40% of the separate payment terms and conditions, 40% of the total number of households of 638 households (255 households) shall be paid.

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