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(영문) 서울고등법원 2017.06.29 2016나2024152
약정금
Text

1. Of the judgment of the first instance, the part against Defendant C, D, E, and F shall be revoked.

2. The plaintiff's defendant net C, K, D, and.

Reasons

1. Basic facts

A. The Plaintiff is a corporation incorporated under the law of California (hereinafter “U.S.”), California (hereinafter “U.S.”).

(2) Defendant B (hereinafter “Defendant Corporation”) is an agricultural partnership established under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (a short name: Agricultural and Fisheries Business Entities Act).

Defendant D, E, and F are members of the Defendant Corporation.

The defendant C, who was a member of the defendant corporation, was the representative director of the defendant corporation, died on April 25, 2016, which was after the judgment of the court of first instance was rendered, and there was L, M, defendant K and N, who was the spouse, as the inheritor, and L, M and N renounced inheritance.

(2) The defendants, other than the defendant corporation, are collectively named (hereinafter referred to as "the defendants as partners"). B.

The instant contract Nos. 1 and 2. (1) The Defendant corporation concluded the instant primary contract with the following major contents in California, on December 1, 201, on the following grounds: (a) the Plaintiff, while carrying out the development project of “G” (hereinafter “instant project”) which is a villa for residing in the Republic of Korea (hereinafter “the instant project”); and (b) the Plaintiff, on the part of the Plaintiff, agreed to carry out sales and public relations activities for the sale and invitation of the instant transport; and (c) the Plaintiff, on December 1, 201, entered into the instant primary contract with the following content in California.

(hereinafter referred to as USD 1. The defendant corporation grants the Plaintiff the right of sales agency and the right of publicity agency for the non-state area of the Tadles.

2. The Plaintiff shall make every effort to sell and publicize the instant transport network.

3. The price of membership in the instant case is three: A: USD 40,000 ($30,000).

$20,000 if the plaintiff sells the instant transport, this amount will be delivered toO (hereinafter referred to as "O").

4. At the same time, theO confirms that the membership fee paid by a member due to a contract that occurs in a non-state area is deposited to theO, and at the same time, 5% shall be paid to the defendant

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