(영문) 수원지방법원 안산지원 2018.08.16 2017가합6563

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(영문) 수원지방법원 안산지원 2018.08.16 2017가합6563

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running a real estate sales agency business, etc., and the Defendant is an association established with the purpose of newly constructing and selling apartment houses and ancillary and welfare facilities in Ansan-si C.

B. On January 19, 2017, the Plaintiff entered into a contract with the Committee for Promotion of Regional Housing Association B, the Defendant’s overall transfer, for sale of the said apartment and welfare facilities, and for sale by proxy of the said apartment and welfare facilities and for invitation of union members (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 5 (Fees for Recruitment of Members and Commissions for Advertising as Proxy)

1. The scope of payment of fees for vicarious recruitment of association members shall be all the objects of sale of the main business area;

2. Commissions for vicarious recruitment of members and advertising agencies shall be as follows:

(1) Recruitment of partners: Seven million won per household.

(MGM fee shall be one million won per household). (2) Advertisement shall be one percent of the total sales.

3. The Defendant shall pay the Plaintiff the recruitment fee and advertising agency fee for the union members as follows: (a) The payment rate for the recruitment of union members is as follows: - 50% of the commission shall be paid at the time of the agreement of the union members with 30 households; (b) the payment period for the advertising agency fee for 52 households (when the association is authorized to establish the association) - the Defendant shall pay 30 million won of the advertising agency fee in advance to the Plaintiff.

When at least 30% of the recruitment of partners is achieved, 50 million won shall be paid.

The balance shall be paid in full when at least 50% of the recruitment of partners is achieved.

Article 9 (Termination of Contracts)

1. (Omission)

2. Where the contract is terminated due to the above matters (the time when the defendant demanded termination of the contract) when the defendant violated this contract, the defendant may terminate the contract in any of the following cases: (A) 30% of the total sales commission and advertising agency fee, and 30% of the penalty.

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