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(영문) 서울중앙지방법원 2015.08.13 2014가단160375
손해배상
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On June 12, 2014, the Defendant concluded a sales agency contract with the Plaintiff for unsold housing units (hereinafter “instant contract”), while running the business of constructing and selling Ctel and commercial buildings on the land outside Bupyeong-gu, Incheon, Bupyeong-gu, and two parcels. The main contents thereof are as follows.

- The defendant shall delegate to the plaintiff the right to sell 65 households unsold in lots.

- The Plaintiff is responsible for at least 10 households and at least 10 households each month after the lapse of 45 days from the start date of business promotion, and the Defendant may terminate the contract at any time when it falls short of the Plaintiff’s goal.

- The defendant shall pay 7% of the selling price to the plaintiff as sales agency fees, and 1% incentives shall be paid as piece rates when the goal is achieved.

- The defendant shall provide a sales office, produce promotional materials and contracts, etc., and bear advertising expenses.

- The Plaintiff shall pay wages and sales allowances to sales staff and bear the market survey and data collection expenses, survey expenses, and sales office expenses.

- The defendant may terminate the contract and claim damages in cases where the plaintiff suspends the sale of goods without good cause or obstructs the sale of goods.

- The Plaintiff may terminate the contract and claim damages where the Defendant did not pay the sales agency fee or delayed payment for more than two months without good cause, or where the Plaintiff entered into a double sales agency contract with a third party.

B. The Plaintiff, pursuant to the instant contract, employed employees from June 20, 2014 and commenced the sales agency business.

However, on May 28, 2014, the date of the instant contract, the Korea Technology Credit Guarantee Fund, the Defendant’s creditor, made a disposition prohibiting the disposal to eight households among the households that the Plaintiff would sell, and subsequently, made a provisional disposition prohibiting the disposal to the remaining households on July 1, 2014.

C. The above provisional disposition was completely rescinded on July 18, 2014, but the Plaintiff.

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