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(영문) 서울동부지방법원 2017.12.06 2016가합109824
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 509,616,690 and the interest rate of KRW 15% per annum from November 17, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant is an executor of the construction and sale of a newly built apartment house D’s ground D’ (hereinafter “instant project”) in Gangnam-gu, Dong-gu, Seoul (hereinafter “E”), and the Defendant is a “the first sales agency contract with E Co., Ltd. (hereinafter “E”) on October 5, 2015 (hereinafter “the first sales agency contract”) with the following contents:

(1) The sales agency services to be provided by Article 2 (Scope of Services) (1) / [E] of the first sales agency contract are as follows:

6. Other business affairs necessary for the sale of buildings in units. (1) The sales agency fee shall be 17,00,000 won per household, and the surcharges shall be imposed separately.

Article 9 (Sharing of Expenses for Sale in Lots, etc.) (1) The following expenses incurred in conducting public relations and advertising affairs shall be produced by B at the expense of B:

1. Expenses for advertisements and public relations through newspapers, advertisements and media;

2. Expenses for production and distribution of car slopings, leaflets, and other promotional materials;

3. Expenses for the production and delivery of leaflets necessary for DM;

4. General expenses incurred in relation to project briefing sessions and events;

5. Expenses incurred in the manufacture of large scale, designation, and height placards. (2) The following expenses for the employee's benefits necessary for the sale of buildings in units and all the expenses for the sale of buildings in units shall be borne

3. Expenses incurred in manufacturing and installing placards in model hybrids;

B. Around that time, the Plaintiff entered into an advertising service contract with E to produce and supply leaflets and promotional materials (hereinafter “instant advertising service contract”).

C. As the sales performance of the said tenement house was low, the Defendant, around February 2016, decided to change the name of the building into “F” and entered into a sales agency contract with E on April 30, 2016 (hereinafter “the second sales agency contract”).

In addition to "82 households of the subject matter of the contract" under Article 2 (Scope of Business) of the second vicarious contract for sale, it is identical to the first vicarious contract for sale in lots.

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