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(영문) 의정부지방법원고양지원 2017.08.30 2016가합73804
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On March 4, 2016, the Plaintiff entered into a sales agency contract with the Defendant for the instant land uniting on the ground of Jeju City, D, E, E, F, G, H, I, J, K, and L (hereinafter collectively referred to as “instant land”). The main terms of the agreement are as follows.

Article 3 (Scope of Services) (1) The scope of services to be rendered by A (referring to "Defendant"; hereinafter the same shall apply) shall be limited to the services to sell the subject-matter of Article 2, which are services to be conducted by B (referring to "Plaintiff"; hereinafter the same shall apply).

1. Research on the trend of parcelling-out in the surrounding areas;

2. Sales by proxy;

(a) Operation of personnel for sales agency;

(b) Consultation on parcelling-out to visitors (information, etc. on details of parcelling-out, such as the purchase price and sale conditions);

(c) Finding and managing potential customers (Visits sales promotion, T/M, etc.);

3. Cooperation in the implementation of advertisements;

(a) Proposal for advertising the promotion of parcelling-out;

(b) Article 5 (Responsibility for Affairs of A and B) A actively participating in public relations activities as required by A shall provide B with:

- Sales office - The office of sales in lots - the office of sales in lots and the office of telephone (15 lines) required for counseling in the office of sales in lots, and the office of the Internet (3 lines) for the installation of the Internet lines shall:

- Telephone bills and Internet user fees - All other expenses necessary for business, Article 6 (Period of Service) 1 (Period of Sales Agency) shall, in principle, be four months from April 1, 2016 to July 30, 2016, and the end shall be determined by mutual consultation between A and B.

Provided, That where A or B intends to terminate the contract, it shall be notified to the other party at least 15 days prior to the end.

Article 7 (Methods of Payment of Service Fees) (1) The sales agency fee shall be 10% (including value-added tax) of the sales price per household.

(2) Sales agency fees shall be paid to sellers and sales agencies.

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