2016 grouped 34206 Service Costs (wages)

A

1. B housing association;

2. C:

November 22, 2017

December 22, 2017

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Defendants jointly and severally against Plaintiff (Appointed Party) A, KRW 11,400,000, and Plaintiff (Appointed Party) D

12,900,000 won and 4,600,000 won and each copy of the complaint in this case against the plaintiff (appointed) E

It shall pay 15% interest per annum from the day after service to the day of full payment.

1. Claims concerning the cause of claims;

The cause of the instant claim is as shown in the attached Form.

A. If the Plaintiff (Appointed Party) claims, the Plaintiffs concluded a sales agency contract with the Defendants on June 2016 through Nonparty F, the representative of the Plaintiffs, through the Defendants, and concluded a sales agency contract as stated in the attached Form 5. Paragraph (5). However, the Defendants failed to receive the fees, and thus, seek payment of the unpaid fees as stated in the claims, from the Defendants.

B. The Defendant B Housing Association did not conclude a contract with the Plaintiffs for the vicarious sale, and only concluded a contract for the payment of the sale fees each time when it offers the F and the first generation of sale. Therefore, the Plaintiffs cannot seek the payment of the sale fees directly from the above Defendant. The Defendant C Company did not participate in the business of acting as an agent of the Defendant B Housing Association or the recruitment of its members, but did not conclude the sale agency contract with the Plaintiffs or F, and thus, the Plaintiffs’ claim is unjust.

2. Determination

Although there is no dispute between the parties as to the conclusion of a contract on the vicarious sale of goods or the recruitment of members with the Defendant B Housing Association, it cannot be deemed that the direct contractual relationship between the Plaintiffs and the Defendants exists due to the above contract, and it is insufficient to recognize this by itself, and there is no other evidence to prove otherwise. Accordingly, the Plaintiffs’ assertion based on the premise that there is a contractual relationship on the vicarious sale of goods between the Plaintiffs and the Defendants, is without merit.

3. Conclusion

Therefore, the plaintiff (appointed party)'s claim is without merit, and it is so decided as per Disposition.

Judges Lee Dong-soo

List of Appointeds

1.A

2.D

3.E

Finally.

Grounds for Claim

1.The personal relationship between the parties to the case.

Defendant B’s housing association is a promotion committee that promotes the construction of the Songpa-gu Seoul Metropolitan Government G District Housing Association, and Defendant 2 is an agent for whom the said promotion committee’s work is able to be executed as proxy. The Plaintiffs are the buyers sent to the said regional housing association apartment sales agency.

2. As to B Housing Association

(a) B Housing Association shall have the identification number of B Housing Association (the identification number H is given, but the association has not yet been established) from the locked book;

(b)The B Housing Association with a unique number of floors is recruited for membership in order to obtain authorization for the establishment of the Association;

3. As to the B Housing Association, apartment village excess procedure

(a) Defendant B’s new house apartment construction executor;

(b) The Defendant C Company is the agent of the B Housing Association.

(c)The scheduled construction works for Newly constructed BGG Apartment Apartment Co., Ltd.

D. In order to establish an association, the Defendant B Housing Association entered into a contract with the Plaintiffs, a sales agent, for the sale of buildings in units and for the payment of the sales commission.

4. As to the determination and payment of the demand for sale

A. The plaintiffs signed a sales agency contract with the defendant B Housing Association and the defendant C Company on June 2016, 2016, the representative non-party F, the plaintiffs, the representative of which were the plaintiffs.

(b)The sales ( subscription) fees entered into between the representative NonpartyF of the sales agency and the DefendantB Housing Association and the Defendant agency C Co., Ltd. agreed to pay 7,000,000 won per apartment per household.

(c)The system of sales agency services shall be F, which shall be under overall command of the head of the headquarters, and under the command of the head of the headquarters, two houses apartment sales teams organized by each headquarters shall be the third headquarters. Under the command of the head of the headquarters, there is a team leader under the supervision of the head of the headquarters, and the head of the team shall be composed of team members. The plaintiffs are the head of the headquarters. The head of the headquarters and the head of the team shall be the first head of the headquarters. The head of the headquarters and the head of the team shall plan the business and advertisements and educate the team members each day. (The head of the headquarters and the head of the team shall not directly conclude an offer)

라.제1본부 팀원됼은 방문객 및 지인들을 통해 분양(청약)을 체결하고 체결한 신청서를 본부에 제출하면 본부는 다시 분양대행을 총괄하는 F에게 신청서를 제출하고 위 F은 다시 B주택조합 및 업무대행사 주식회사 C신청서를제출하면. B주택조합 및 주식회사 C 는 위 신청서에 기재된 본부를확인하고. 분양총괄 지휘자F에게 건당 2.500.000원(위 금원 중 분양업무대행계약을 체결한 임원들에게 공로조로 일정 부분을 분배합니다 이런 취지에서 공로자 총괄 본부장 원고 A에게 건당 200.000원씩을 지급합니다)제1본부장에게1.000.000원. 팀장에게 1.200.000원. 계약을 직접 주도한 팀원에게 2,300.000원씩을기히 제출된 본인명의 예금게좌에 각 입금하는 것으로 처리하고 있습니다.

5.With respect to the sales commission already paid

A. The first head of B Housing Association is the plaintiff A (the plaintiff A is the chief of the first head office of branch offices of branch offices of branch offices of the plaintiff) and the first head of branch offices of the non-party I are the team leader and the plaintiff D and E are the team members.

(b)B housing association, apartment unit unit E of the first head office of the apartment unit on August 5, 2016 respectively entered into an offer on August 7, 2016, respectively. The team members D entered into three orders on August 7, 2016, and the first head office entered into an offer on August 12, 2016, to sell in lots (in lots) three contracts on August 7, 201.

(c)At the conclusion of the five subscriptions entered into at the first head office, the plaintiff A and the team leader Eul notified the non-party A of the team leader's KRW 6,000.00 (5 subscriptions for sale X X 1,200,000) (2.30,000 won per two subscriptions) and the team leader's KRW 6,900.00 (2.300,000 per two subscriptions for sale, 300,000) and the team leader's KRW 6,90.00 (2.30,000,000 per three subscriptions for sale) and the team leader's KRW 1,00 (2.30,000 per X 1) to be deposited through a deposit account in the name of the same team, and the plaintiff A did not receive the individual deposit account of KRW 00,000 (00.00,000,000) and 00.0.00.0.

(d)The plaintiff as the head of the General Headquarters of Sales Agency, and during this period, 32 of the team members of the above General Headquarters have concluded an offer to sell in lots, and Eul has to receive 200,000 won per case for the sale (tender) concluded at the above General Headquarters. If so, the plaintiff A shall receive 6,400,000 won per case (200,000 won per 32 cases) and A shall receive 11.40,000 won for the total amount of 5,00,000 won for the claim under paragraph (c) above (C).

(e)The plaintiffs urged to visit the B Housing Association offices several times during that period to pay the above requested amount, but have not been paid up to now.

6. Conclusion

The plaintiffs' claim of this case is nothing more than wages, and the plaintiffs are threatened with livelihood because they fail to receive the above money, and the defendants did not pay the above claim amount, but they were forced to pay the above claim amount.