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(영문) 서울중앙지방법원 2017.06.16 2016가합566011
손해배상(기)
Text

1. The Defendant’s KRW 18,092,718 as well as the Plaintiff’s annual rate of 6% from February 11, 2017 to June 16, 2017.

Reasons

1. Basic facts

A. The Defendant is an executor who has promoted the project to newly construct and sell the 13th above ground and the 4th above ground-based officetels and neighborhood living facilities (hereinafter “instant building”).

B. On March 30, 2016, the Plaintiff entered into an agency contract for sale and advertisement promotion of the building that is scheduled to be newly built with the Defendant (hereinafter “the first service contract”) with the Defendant, and the main contents thereof are as follows.

The Defendant (hereinafter “Defendant A”) entered into a contract for the sale and advertisement promotion of the instant building with the Plaintiff (hereinafter “B”) as follows, and promised to perform it in good faith.

Article 3 (Scope of Services A and B)

2. The scope of the operations to be conducted by B shall be as follows:

(1) The sales promotion and sales of objects subject to sale. (2) Article 5 (Fees for Sales by Proxy and Advertising Expenses) A of the Public Relations Act shall be paid for the expenses incurred in the sales contract and the advertising promotion expenses concluded by B as an agency for sale by lots:

1. Article 6 of the separate sheet on 450 million won for advertising publicity expenses of separate 7% of the supply price (sale price) of commercial facilities (sale price) the additional tax of 6 million won for each household unit of non-high-high-water officetel subject to the payment criteria for the charges for sale (pre-tender subscription and target sale rate).

1.B shall reach at least 40 per cent of the pre-tender subscription rate until authorization or permission is completed for early Lacing of the project.

2.B shall make every effort to achieve the following target allotment rates:

(1) 70% within one month from the commencement date of sale. (2) 90% within two months from the commencement date of sale, and 13 (Liability and Prohibited Conduct)

5. Eul shall not subcontract all or part of its services to a third party without the prior written consent of Gap, and shall not transfer any rights and obligations under this contract to a third party or provide them for the purpose of security;

C. However, on June 23, 2016, the Defendant: (a) had low sales performance of Plaintiff; (b) had low quality of advertising advertising services; and (c) had excessive advertising cost.

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