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(영문) 대전지방법원 2015.08.27 2014가단212114
영업비 지급 청구의 소
Text

1. The Defendant shall pay 21,295,500 won to the Plaintiff and 20% per annum from June 14, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On June 2013, the Plaintiff entered into a contract with the Defendant for business cooperation with the new and renewable energy industry (hereinafter “instant contract”) as follows.

Article 1 (Mutual Relations) The Plaintiff shall attract new and renewable energy facilities installation works for housing support projects (B) among the government support projects by using the brands of the Defendant (or the Defendant’s partner companies) and shall receive operating expenses from the Defendant.

Section 2. (Term of Contract) This Agreement shall be from June 11, 2013 to December 31, 2013.

Provided, That the contract may be extended by a written agreement between the parties 30 days prior to the expiration of the contract period.

Article 7 (Business Expenses, etc.) (1) Where the defendant and the consumer enter into a contract for the relevant energy facilities according to the results of the plaintiff's recruitment activities and receive the government subsidies in advance after obtaining approval from the Government, the business expenses shall be paid to the plaintiff 20% of the business expenses and the remainder of 80% within seven days after receipt of the advance payment, respectively.

(2) The plaintiff and the defendant agree to separately prepare a written agreement on solar heat recruitment fees and underground heat recruitment fees collected directly pursuant to Article 7 (1).

(3) In the case of a project to build solar energy and solar energy by the K-A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

④ With regard to the settlement under Article 7(3), the basic installation cost of the installation work shall be the amount determined by the agreement between the Plaintiff and the Defendant, and the additional installation cost shall be paid at the consumer’s expense.

B. The Plaintiff recruited B’s 145 households, and concluded a contract for solar-powered facilities with respect to the said households and approved the government’s support.

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