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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 established for the purpose of real estate rental business and sales business (former trade name: C), and the Defendant is the operator of a new construction business of B-house housing association at D in Jeju.
B. On May 1, 2013, the Plaintiff entered into a membership recruitment service contract (hereinafter “instant service contract”) with Defendant and E Co., Ltd. (hereinafter “E”). The main contents of the instant service contract are as follows.
Article 3 (Status A, B, and C) ① A (the defendant; hereinafter the same shall apply) has the status of a person who purchased a new site for a rental housing association project from the owner of a new site for the project of the Jeju Special Self-Governing Province in the future, Gyeongnam-do, and implements all the affairs of the rental apartment construction project.
(2) B (the plaintiff; hereinafter the same shall apply) shall provide A with recruitment services for union members.
(3) Soldiers (E; hereinafter the same shall apply) shall have the status of acting as an agent entrusted with the overall affairs of the B Housing Association.
Article 4 (Scope of Services) (1) A and C shall provide assistance in initial advertisements so that B may smoothly recruit union members at the beginning of this year.
(2) The duties of B shall be those of B housing association for the recruitment of its members.
(3) A is liable to pay the recruitment service expenses for the union members recruited by it.
Article 5 (Expenses for Recruitment of Members) (1) The expenses for recruitment and service of members shall be 2,500,000 won per household.
(2) The payment of service fees shall be made if 350 households are recruited by public offering.
(3) A claim for service costs shall be based on the number of households recruited by Eul, and A shall be paid in cash within seven days after Eul's claim is made.
(2) If 350 households cannot be recruited pursuant to the criteria of this Article, B shall settle the service costs at the present point and terminate the contract.
In the event that 70% or more is achieved by August 31, 2013, two households with 84 square meters Am2 are recognized as having contributed, and the two households shall be granted a license.
Provided, That the tax relationship is later.