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(영문) 수원지방법원 2017.06.27 2016가합82733
용역비
Text

1. Of the instant lawsuits, the part of the Plaintiff’s claim by subrogation is dismissed.

Reasons

1. On December 22, 2015, the Defendant entered into a contract for sales agency (hereinafter “instant sales agency contract”) under which the Defendant entrusted the sales of the said project to the Company, as follows, as the implementer of the construction project for the apartment and ancillary and welfare facilities (hereinafter “instant project”) of the Yeongdeungpo-gu 478-10-dong-dong, Youngdong-dong (hereinafter “the instant project”).

Article 2 (Scope of Business) ① “A” (hereinafter “Defendant”) shall, upon entering into this Agreement, grant the authority to sell the subject-matter to “B” (hereinafter “A”) at the same time.

(2) The scope of business of sales agency services to be performed by additional compliance shall be as follows:

1. Preparation of a draft plan for public relations and advertisement for sale in lots, and utilization of advertising and public relations materials under Article 9 (Sharing of Expenses for Sale in Lots, etc.) (1) The following expenses shall be borne by the defendant, but the defendant may have the latter act on behalf of the latter:

In such cases, the details of publicity and advertisement shall be subject to prior approval from the defendant.

1. Expenses for promoting prior advertisements through the press media;

2. The following sales expenses shall be borne by knife, knife, knife, leaflet, and advance publicity materials.

2. After an opening of the public relations center, the production or dispatch of the promotional materials has no ground for recognition, the entry of evidence No. 2, and the purport of all pleadings;

2. The plaintiff's assertion

A. Pursuant to the instant sales agency contract, the Defendant bears the advertising business prior to the opening of the public relations center and its expenses, and the advertising business after opening the public relations center. Furthermore, the public relations center is delegated to the Defendant pursuant to Article 9(1) of the instant sales contract, and for this purpose, it is prior to the public relations center for the instant business between the Plaintiff and the Plaintiff.

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